Arkansas Code
OF 1987
Annotated
2011 SUPPLEMENT
VOLUME 19A
Place in pocket of bound volume
Prepared by the Editorial Staff of the Publisher
Under the Direction and Supervision of the
ARKANSAS CODE REVISION COMMISSION
Senator David Johnson, Chair
Senator Sue Madison
Representative John Vines
Representative Darrin Williams
Honorable Bettina E. Brownstein
Honorable Don Schnipper
Honorable David R. Matthews
Honorable Stacy Leeds, Dean, University of Arkansas at
Fayetteville, School of Law
Honorable John DiPippa, Dean, University of Arkansas at
Little Rock, School of Law
Honorable Warren T. Readnour, Senior Assistant Attorney General
Honorable Marty Garrity, Assistant Director for Legal Services of
the Bureau of Legislative Research
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BY
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(Pub.40604)
TITLE 19
PUBLIC FINANCE
(CHAPTERS 6-12 IN VOLUME 19B)
CHAPTER.
1. GENERAL PROVISIONS.
2. STATE REVENUES — RECEIPTS AND EXPENDITURES GENERALLY.
3. STATE TREASURY MANAGEMENT.
4. STATE ACCOUNTING AND BUDGETARY PROCEDURES.
5. REVENUE STABILIZATION LAW.
CHAPTER 1
GENERAL PROVISIONS
subchapter
2. Fiscal Duties of Department of Finance and Administration.
. 5. Investment of Public Funds.
7. Fiscal Impact Statements.
Subchapter 2 — Fiscal Duties of Department of Finance and
Administration
SECTION.
19-1-205. Office.
19-1-205. Office.
The Arkansas Building Authority shall assign to the Department of
Finance and Administration and divisions of the department suitable
office space with the necessary conveniences for the transaction of the
department's business and the safe-keeping of the department's
records.
History. Acts 1955, No. 315, § 4; A.S.A. ity" for "officer or board having custody of
1947, § 13-204; Acts 2009, No. 251, § 1. the public buildings," deleted "in the State
Amendments. The 2009 amendment Capitol Building" following "office space,"
substituted "Arkansas Building Author- and made minor stylistic changes.
Subchapter 5 — Investment of Public Funds
SECTION. SECTION.
19-1-501. Eligible investment securities. 19-1-504. Investments permitted.
19-1-502. Provisions supplemental. 19-1-505. Additional authority of certain
19-1-503. Construction. cities.
19-1-501 PUBLIC FINANCE 2
19-1-501. Eligible investment securities.
As used in this subchapter, "eligible investment securities" means:
(1) A direct or guaranteed obligation of the United States that is
backed by the full faith and credit of the United States Government;
(2) A direct obligation of an agency, instrumentality, or government-
sponsored enterprise created by act of the United States Congress and
authorized to issue securities or evidences of indebtedness, regardless
of whether the securities or evidences of indebtedness are guaranteed
for repayment by the United States Government; and
(3) A bond or other debt of the state, a school district, a county
government, a municipal government, or an authority of a governmen-
tal entity that:
(A) Is issued for an essential governmental purpose or is guaran-
teed by a state agency; and
(B) Has a debt rating from a nationally recognized credit rating
agency of "A" or better at the time of purchase.
History. Acts 1943, No. 273, § 2; 1973, Amendments. The 2011 amendment
No. 106, § 2; A.S.A. 1947, § 13-902; Acts rewrote the section.
2011, No. 629, § 1.
19-1-502. Provisions supplemental.
This subchapter does not repeal any prior legislation or affect any
statute pertaining to the conversion of funds of public officials and
agencies into investments authorized under this subchapter but is
supplemental to present law and confers additional powers.
History. Acts 1943, No. 273, § 3;A.S.A. Amendments. The 2011 amendment
1947, § 13-903; Acts 2011, No. 629, § 1. rewrote the section.
19-1-503. Construction.
(a) This subchapter does not affect the power of counties, municipali-
ties, improvement districts, and other public bodies to make a deposit of
funds in the form of a demand deposit, a savings deposit, or a time
deposit as authorized by law.
(b) The adoption of this subchapter does not affect or impair the
power of counties, municipalities, improvement districts, and other
public bodies to make investments of funds in their possession or under
their control as authorized by other laws.
History. Acts 1973, No. 106, § 3; A.S.A. deposit, or a time deposit" for "certificates
1947, § 13-904; Acts 2011, No. 629, § 1. of deposit" in (a) and made stylistic
Amendments. The 2011 amendment changes,
substituted "a demand deposit, a savings
3 GENERAL PROVISIONS 19-1-504
19-1-504. Investments permitted.
(a)(1) With the approval of the county or municipal depository board,
a treasurer may convert any funds in the treasurer's possession or
under the treasurer's control and not presently needed for other
purposes into one (1) or more of the following investments:
(A) Eligible investment securities having a maturity of not longer
than five (5) years from the date of acquisition unless, as documented
at the time of acquisition, the investment is to* fund or support a
specific purpose and there are no expectations that the investment
will be sold before maturity;
(B) An Arkansas bank certificate of deposit or a certificate of
deposit authorized under § 19-8-111;
(C) An account established by a local government joint investment
trust authorized under the Local Government Joint Investment Trust
Act, § 19-8-301 et seq.; or
(D) An Arkansas financial institution repurchase agreement for
eligible investment securities in which the seller agrees to repur-
chase the investment at a price including interest earned during the
holding period as determined by the repurchase agreement.
(2) The following entities may convert funds that are in the posses-
sion of the entity or under the control of the entity and that are not
presently needed for other purposes into an investment listed in
subdivision (a)(1) of this section:
(A) A county board or commission;
(B) A municipal board or commission, including without limitation
a board of trustees of a policemen's pension and relief fund, a board
of trustees of a firemen's relief and pension fund, a waterworks
commission, and a sewer committee; and
(C) A drainage district, levee district, and improvement district,
including without limitation a waterworks district, electric light
district, municipal improvement district, and suburban improvement
district.
(3) This subsection does not apply to funds of a school district.
(b)(1) Unless otherwise provided by a signed written agreement
between the school district or districts and the county treasurer, funds
of a school district shall be invested by the:
(A) School district treasurer when the school district has a trea-
surer; or
(B) County treasurer when the school district does not have a
treasurer.
(2) To the extent directed by the board of directors of the school
district, investments shall be in:
(A) General obligation bonds of the United States;
(B) Bonds, notes, debentures, or other obligations issued by an
agency of the United States Government;
(C) General obligation bonds of the state; or
(D) Bank certificates of deposit.
19-1-505 PUBLIC FINANCE 4
(c) A school district may invest moneys held for the repayment of a
federally recognized qualified zone academy bond under 26 U.S.C.
§ 1397E, as it existed on January 1, 2005, in a guaranteed investment
contract or forward delivery agreement in which the school district is
guaranteed a certain rate of interest on its investment if the guaran-
teed investment contract or the forward delivery agreement is entered
into between the school district and the purchaser of the qualified zone
academy bond.
(d) A treasurer or other custodian of public funds who is authorized
to purchase and hold eligible investment securities may use a broker-
age account to acquire, sell, and hold the investment if the investment
is established with a broker-dealer that:
(1) Has offices in the state;
(2) Is registered with the State Securities Department;
(3) Is a member of the Financial Industry Regulatory Authority; and
(4) Is a member of the Securities Investor Protection Corporation.
(e) Unless restrictions are established by the donor, a private dona-
tion to a city of the first class, a city of the second class, or an
incorporated town may be invested in accordance with the prudent
investor rule established under § 28-71-105.
History. Acts 1943, No. 273, § 1; 1973, substituted "1397E, as it existed on Janu-
No. 106, § 1; A.S.A. 1947, § 13-901; Acts ary 1, 2005" for "1379E" in (c).
1995, No. 402, § 1; 1997, No. 800, § 1; The 2011 amendment rewrote (a); sub-
2005, No. 2205, § 1; 2009, No. 251, § 2; stituted "state" for "State of Arkansas" in
2011, No. 629, § 1. (b)(2)(C); and added (d) and (e).
Amendments. The 2009 amendment
19-1-505. Additional authority of certain cities.
(a)(1) A city that has real property assessed valuation in excess of
three hundred million dollars ($300,000,000) may invest the city's
funds in securities under § 23-47-401 and according to the investment
policy adopted by the governing body of the city.
(2) The investment policy adopted by the city's governing body may
authorize a maturity term exceeding the term stated in § 19-1-
504(a)(1)(A).
(b)(1) Each investment shall be made with the judgment and care
under prevailing circumstances that a person of prudence, discretion,
and intelligence would exercise in the management of the person's own
affairs, not for speculation but for investment, considering the probable
safety of the capital and the probable income to be derived.
(2) Investment of funds shall be governed by the following invest-
ment objectives in order of priority:
(A) Preservation and safety of the principal;
(B) Liquidity; and
(C) Yield.
(c) In determining whether an investment officer has exercised
prudence with respect to an investment decision, the determination
shall be made taking into consideration:
5 GENERAL PROVISIONS 19-1-703
(1) The investment of city funds and funds under the officer's control
and over which the officer had responsibility, rather than a consider-
ation as to the prudence of a single investment; and
(2) Whether the investment decision is consistent with the written
investment policy of the city.
History. Acts 2011, No. 629, § 1.
Subchapter 7 — Fiscal Impact Statements
SECTION.
19-1-701. Definition.
19-1-703. Required for bills.
19-1-701. Definition.
(a) As used in this subchapter, "fiscal impact statement" means a
realistic statement of the purpose of a proposed law, or a regulation
promulgated under a law, and the estimated financial cost to the state
or any local school district of implementing or complying with the
proposed law or regulation.
(b) A fiscal impact statement shall be developed with the guidance of
the Office of Economic and Tax Policy of the Bureau of Legislative
Research and with the approval of the Department of Education.
History. Acts 1995, No. 1253, § 1; The 2011 amendment inserted "Office of
2009, No. 251, § 3; 2011, No. 856, § 1. Economic and Tax Policy of the" in (b).
Amendments. The 2009 amendment
deleted "Office of Economic and Tax Policy
of the" preceding "Bureau" in (b).
19-1-703. Required for bills.
(a) Any bill filed in the House of Representatives or Senate that will
impose a new or increased cost obligation for education on the state or
any local school district shall have a fiscal impact statement attached to
it, prepared by the author of the bill and filed with the chair of the
committee to which the bill is referred:
(1) At least seven (7) days before the bill may be called up for final
action in the committee during a regular session of the General
Assembly;
(2) At least seven (7) days before the bill may be called up for final
action in the committee during a fiscal session; and
(3) At least one (1) day before the bill may be called up for final action
in the committee during a special session.
(b) If the author of any House or Senate bill affected by this section
shall fail to comply with subsection (a) of this section, any member of
the House of Representatives or Senate committee to which the bill is
referred may object and thereby prevent its being called up for final
action in the committee until a fiscal impact statement is made
19-2-508 PUBLIC FINANCE 6
available. An affirmative vote of two-thirds ( 2 /3) of a quorum present and
voting shall override such objection.
(c)(1)(A) If any such House or Senate bill is called up for final passage
in the House of Representatives or Senate and a fiscal impact
statement has not been provided by the author of the bill, or by the
committee to which the bill was referred, any member of the House of
Representatives or Senate may object to the bill's being called up for
final passage until a fiscal impact statement is prepared and made
available on the desk of each member of the House of Representatives
or Senate at least one (1) day prior to the bill's being called up for final
passage.
(B) An affirmative vote of two-thirds (%) of a quorum present and
voting shall override such objection.
(2) If an objection is made without override, the presiding officer of
the House of Representatives or Senate shall cause the bill to be
referred to the Office of Economic and Tax Policy of the Bureau of
Legislative Research for the preparation of a fiscal impact statement,
which shall be filed with the presiding officer not later than five (5) days
from the date of the request.
(d) Failure of the author of a bill to provide the fiscal impact
statement required in this section shall not prohibit consideration of
the bill in the committee to which it is referred or on the floor of the
house in which the bill is called up for final passage, if no objection to
it is made at the time such action is taken.
History. Acts 1995, No. 1253, § 3; the following subdivision as (a)(3); deleted
2009, No. 962, § 37. "of the General Assembly" at the end of
Amendments. The 2009 amendment (a)(3); and made related changes,
inserted present (a)(2) and redesignated
CHAPTER 2
STATE REVENUES — RECEIPTS AND EXPENDITURES
GENERALLY
subchapter
5. Canceled Checks.
Subchapter 5 — Canceled Checks
SECTION.
19-2-508. [Repealed.]
19-2-508. [Repealed.]
Publisher's Notes. This section, con- 2009, No. 251, § 4. The section was de-
cerning compliance, was repealed by Acts rived from Acts 1999, No. 648, § 8.
7 STATE TREASURY MANAGEMENT 19-3-518
CHAPTER 3
STATE TREASURY MANAGEMENT
subchapter
5. State Treasury Management Law.
Subchapter 5 — State Treasury Management Law
SECTION. SECTION.
19-3-510. Types of accounts for deposits. 19-3-521. Securities Reserve Fund.
19-3-518. Investments in securities and
bank certificates of de-
posit.
19-3-510. Types of accounts for deposits.
(a) All State Treasury funds deposited in depository institutions
shall be credited to accounts in the name of the Treasurer of State. All
accounts which the Treasurer of State shall establish in any or all
depository institutions may be determined by the Treasurer of State as
either demand deposit accounts, certificates of deposit, or other ac-
counts as deemed necessary.
(b) The certificate of deposit account in each such depository shall
consist of state funds as deposited under the State Treasury Certificate
of Deposit Investment Program and trust funds deposited for various
trust funds.
(c) The demand deposit account in each such depository shall be of
such amount subject to § 19-3-509 as determined by the Treasurer of
State and shall consist of:
(1) All federal funds, as described in § 19-7-101 et seq.;
(2) Trust funds to the extent that such funds are not invested in
securities and certificates of deposit; and
(3) State funds to the extent that such funds are not invested in
securities.
(d) No treasury funds may be deposited in any depository except
under the terms of a written agreement entered into between the
Treasurer of State and the depository, the essential elements of which
agreement shall be conformable to, or not inconsistent with, applicable
state and federal law and regulations promulgated thereunder.
History. Acts 1997, No. 847, § 1; 2009, substituted "described" for "denned" in
No. 251, § 5. (c)(1).
Amendments. The 2009 amendment
19-3-518. Investments in securities and bank certificates of
deposit.
(a)(1) Trust Funds. In addition to securities of the character eligible
under the laws of this state for the investment of the several trust funds
on the records of the Treasurer of State, certificates of deposit of banks
19-3-518 PUBLIC FINANCE 8
and savings and loan associations shall be eligible for the investment of
such funds.
(2)(A) The administrators of each state retirement system and of
other trust accounts shall, from time to time, review the flow of
moneys through the trust fund in the State Treasury over which that
administrator shall have control, all for the purpose of estimating the
amounts of such moneys as may be surplus to the immediate
requirements of such account as provided for by law.
(B)(i)(a) After taking into consideration any proposal for the im-
mediate investment of such funds in securities, and to the extent of
the amount of any estimated surplus which shall exist, the adminis-
trator shall certify to the Treasurer of State the amount thereof and
the period of time during which such amount shall not be required.
(b) The Treasurer of State shall invest the amount so certified in
certificates of deposit issued by eligible banks and savings and loan
associations.
(c) If the Treasurer of State is unable to place the certified amount
in certificates of deposit, then the remainder may be placed in
securities with the administrator's approval.
(ii) Moneys required for each such purchase shall be withdrawn
from the Cash Account and paid over to the institution issuing the
certificate, and the principal amount of the certificate shall be
credited to the Trust Deposit Account.
(iii) The certificates of deposit shall be secured to such extent and
in such manner as may be provided by law and otherwise as the
Treasurer of State shall require.
(iv)(a) Interest on such bank certificates of deposit shall be paid at
such rates as the Treasurer of State shall prescribe.
(b) All interest income derived from the certificates of deposit or
other investments shall be credited as trust fund income to the
account of the trust fund used in making such purchase.
(3) At all times, the Securities Reserve Fund shall be maintained on
demand deposit in depository banks, and nothing contained in this
subsection shall be applicable to such fund.
(b)(1)(A) State Funds. The State Board of Finance may direct that a
portion of state funds be invested in certificates of deposit in the State
Treasury Certificate of Deposit Investment Program as provided in
§ 19-3-519.
(B) The remaining portion may be invested in certificates of
deposit, in securities as outlined in § 23-47-401 without limitation or
as approved in the Treasurer of State's investment policy, and in
obligations of corporations organized under the provisions of the
Arkansas Development Finance Corporation Act, § 15-4-901 et seq.,
and issued under the Arkansas Development Finance Corporation
Act, § 15-4-901 et seq., to the extent of forty-eight million dollars
($48,000,000), according to the guidelines established in the Trea-
surer of State's investment policy as approved by the board.
(2)(A) Moneys required for each such purchase shall be withdrawn
from the Cash Account and paid over to the seller of the securities,
STATE TREASURY MANAGEMENT 19-3-5 18
and the cost of the securities shall be credited to the Securities
Account.
(B) The proceeds of the sale or redemption of securities at any time
withdrawn from the Securities Account shall be deposited in the Cash
Account in the State Treasury.
(C)(i) In all purchases, sales, and redemptions of securities, as
provided in this subsection, discounts and premiums shall be credited
or charged, as the case may be, to the Securities Reserve Fund.
(ii) All such discounts and premiums which are increments and all
interest received on securities at any time held in the Securities
Account shall be classified as trust fund income and credited to the
Securities Reserve Fund by the Treasurer of State.
(3)(A) All purchases and sales by the Treasurer of State may be in
the open market upon receipt of not less than two (2) quotation bids,
or as defined in the Treasurer of State's investment policy as
approved by the board.
(B)(i) However, the board may subscribe for any such obligations
which are offered by the United States Department of the Treasury.
(ii) Any such obligations at any time held by the board may be
exchanged for other such obligations in instances where an exchange
privilege has been extended by the United States Department of the
Treasury.
(4)(A) All obligations of any corporation organized under the Arkan-
sas Development Finance Corporation Act, § 15-4-901 et seq., pur-
chased as authorized in this section shall bear a maturity date not to
exceed ten (10) years and shall be purchased at par pursuant to an
annual commitment to the corporation under such conditions as may
be determined by the board.
(B) Prior to the purchase of any obligations by the corporation,
there shall be furnished to the board, without cost to it, the opinion of
legal counsel acceptable to the board approving the validity of the
issue and reciting that, in the opinion of the counsel, the obligations
to be purchased by the board are the duly authorized, legally binding
obligations of the corporation and specifying the security therefor as
to which any lien or pledge has been created.
(5)(A) All or any part of the bonds of local industrial development
corporations, authorized and issued under the provisions of the
Arkansas Industrial Development Act, § 15-4-101 et seq., and all or
any part of the bonds of municipalities and counties, authorized and
issued under the provisions of the Municipalities and Counties
Industrial Development Revenue Bond Law, § 14-164-201 et seq.,
and all or any part of the obligations of development finance corpo-
rations authorized and issued under the provisions of the Arkansas
Development Finance Corporation Act, § 15-4-901 et seq., at any
time held in the Securities Account in the State Treasury, may be sold
by the board at public sale or at private sale, as the board shall
determine.
(B) However, in any private sale, the sales price of the bonds or
obligations shall not be less than the amount paid therefor.
19-3-518 PUBLIC FINANCE 10
(6) The board provides ministerial authority to the Treasurer of
State to take whatever action becomes necessary in regard to securities
held in the Securities Account to provide the requisite amount of cash
necessary in demand deposit accounts to carry out the business of the
state or to correct any miscalculations which have arisen.
(7)(A) No purchase, exchange, or receipt of obligations by the board
shall ever be construed as a cancellation of the obligations so
purchased, exchanged, or received.
(B) All such obligations shall be held in trust for the use and
benefit of the various state funds used in such purchases, this trust
being subject only to the right of the board to sell or exchange such
obligations whenever, in its opinion, the best interest of the state may
be served.
(8)(A) The board shall meet as called to evaluate, discuss, review,
and authorize the deposit and investment of State Treasury funds to
be made during the period before the next meeting of the board.
(B) The deposit and investment of such funds and the purchase
and sale of permissible securities may be made at any time by the
Treasurer of State under the guidelines in the Treasurer of State's
investment policy reviewed and approved by the board.
(9)(A) In order to increase investment income with minimal risk, the
Treasurer of State may loan securities held in the Securities Account,
but only if, at the time the loan is executed, at least one hundred two
percent (102%) of the full market value of the security loaned is
collateralized by cash or securities guaranteed by the United States
Government or an agency of the United States Government.
(B) At all times during the term of the loan, the collateral shall be
equal to not less than one hundred percent (100%) of the full market
value calculated on the total value of all securities on loan.
(C) For purposes of this section, the value of the collateral shall be
determined on a daily basis.
(c)(1) Federal FuNDS.The board may invest federal funds, as de-
scribed in § 19-7-101 et seq., the same as state funds that are
authorized by subsection (b) of this section.
(2) The proceeds of the investments of federal funds shall be used for
the same purpose as that authorized for other moneys accruing to the
benefit of the Securities Reserve Fund as authorized by § 19-3-521.
(d)(1) Interest-Bearing FuNDS.The board may invest funds deposited
in the State Treasury by state agencies, boards, and commissions that
were previously held as cash funds in financial institutions other than
the State Treasury in order to enhance investment opportunities and
earnings.
(2) The board may invest interest-bearing funds the same as state
funds are authorized in subsection (b) of this section.
(3) The interest earned on these investments shall be credited back
to the fund.
(4) On the first day of business of the month, the Treasurer of State
shall compute the average daily balance of this fund, including all
11 STATE TREASURY MANAGEMENT 19-3-521
internal accounts and funds, during the preceding month and shall
transfer on that day to the participants of the fund interest on the
average daily balance to be computed at a rate equivalent to the
average rate of interest earned on all State Treasury funds invested in
fixed-income securities and in money market accounts during the
preceding month less its proportionate share of any assessments for the
expenses of administration.
History. Acts 1997, No. 847, § 1; 2001, Amendments. The 2009 amendment
No. 1453, § 25; 2005, No. 873, § 1; 2009, substituted "described in" for "defined by"
No. 251, § 6. in (c)(1).
19-3-521. Securities Reserve Fund.
(a)(1) In addition to the several purposes for which the Securities
Reserve Fund may be used, as provided in this subchapter, the fund
shall be used to absorb any losses in:
(A) Relation to securities at any time held in the Securities
Account in the State Treasury; and
(B) The Treasurer of State's account in bank depositories;
(2) The balance in the Securities Reserve Fund shall always be
available for such purposes. However, moneys in the Securities Reserve
Fund in excess of one hundred thousand dollars ($100,000) shall be
available at all times to the Chief Fiscal Officer of the State for transfer
to the Budget Stabilization Trust Fund, there to be used as provided by
law.
(b)(1) If any loss is sustained in relation to securities held at any time
in the Securities Account or in the Treasurer of State's account in any
bank depository and the credit balance in the Securities Reserve Fund
is insufficient to absorb the loss, the Chief Fiscal Officer of the State
shall transfer moneys from the Budget Stabilization Trust Fund to the
Securities Reserve Fund of an amount that, when added to the credit
balance in the Securities Reserve Fund, equals the amount of any loss.
(2) It is the explicit intent of the General Assembly that no loss shall
be sustained by any account, the funds of which were used in making
such investments and deposits.
(c) On a quarterly basis, interest earned on federal funds received
under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. §
6701 et seq., shall be transferred at the direction of the Chief Fiscal
Officer of the State from the Securities Reserve Fund to the federal
funds established for the purpose of holding these moneys in trust.
Interest to be transferred shall be a pro rata share of total earned
interest based on the proportion of the average daily balances of the
total federal funds established for the purpose of holding the State and
Local Fiscal Assistance Act of 1972, 31 U.S.C. § 6701 et seq., moneys in
trust to the average daily balances of all State Treasury investments.
History. Acts 1997, No. 847, § 1; 2009, substituted "Budget Stabilization Trust
No. 251, §§ 7, 8. Fund" for "State Budget Revolving Fund"
Amendments. The 2009 amendment in (a)(2) and (b)(1); in (a)(2), substituted
19-4-106 PUBLIC FINANCE 12
"the Securities Reserve Fund" for "that fund" in the second sentence; redesignated
fund" in the first sentence and for "this (b); and made minor stylistic changes.
CHAPTER 4
STATE ACCOUNTING AND BUDGETARY PROCEDURES
subchapter
1. General Provisions.
2. Duties and Responsibilities Generally.
3. Chief Fiscal Officer of the State.
4. Auditor of State and Treasurer of State.
6. Annual Operations Plans of State Agencies.
8. Expenditure of Cash Funds.
9. Travel Regulations.
10. Oil Company Credit Cards.
13. Monitoring for Deficit Spending.
14. Construction of Buildings and Facilities.
16. Salaries and Payroll Disbursement.
Subchapter 1 — General Provisions
SECTION.
19-4-106. Legislative staff consultation.
19-4-106. Legislative staff consultation.
The Department of Finance and Administration shall consult with
the Legislative Auditor and the director of the budget function of the
Bureau of Legislative Research throughout each stage of planning and
implementation for any new statewide accounting system. This re-
quired consultation and involvement is to ensure that those capabilities
to provide the required services to members and committees of the
General Assembly are incorporated into the system.
History. Acts 1999, No. 973, § 2.
Subchapter 2 — Duties and Responsibilities Generally
SECTION.
19-4-201. Authority of Governor.
Effective Dates. Acts 2009, Nos. 605 cause a reduction in lottery proceeds that
and 606, § 27: Mar. 25, 2009. Emergency will harm the educational and economic
clause provided: "It is found and deter- success of potential students eligible to
mined by the General Assembly of the receive scholarships under the act; and
State of Arkansas that the people of the that the state lotteries should be imple-
State of Arkansas overwhelmingly ap- mented as soon as possible to effectuate
proved the establishment of lotteries at the will of the citizens of this state and
the 2008 General Election; that lotteries implement lottery-funded scholarships as
will provide funding for scholarships to soon as possible. Therefore, an emergency
the citizens of this state; that the failure is declared to exist and this act being
to immediately implement this act will immediately necessary for the preserva-
13 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-201
tion of the public peace, health, and safety time during which the Governor may veto
shall become effective on: (1) The date of the bill; or (3) If the bill is vetoed by the
its approval by the Governor; (2) If the bill Governor and the veto is overridden, the
is neither approved nor vetoed by the date the last house overrides the veto."
Governor, the expiration of the period of
19-4-201. Authority of Governor.
(a) The Governor shall direct the execution of the state budget as
approved by the General Assembly. The Governor or Governor-elect
shall:
(1) Review the budget requests and estimates of resources;
(2) Evaluate long-range programs and consider possible alternatives
to existing state agency programs, policies, and goals; and
(3) Formulate and recommend for consideration by the Legislative
Council and the General Assembly a proposed comprehensive state
budget of programs and proposed financing which shall include all
estimated receipts and expenditures of the state government.
(b)(1) Proposed expenditures shall not exceed estimated available
resources. Should the Governor or Governor-elect propose increased
taxes in order to finance all proposed programs, two (2) sets of budgets
must be submitted to the Legislative Council and the General Assem-
bly, one (1) set based on the resources available from the then-existing
tax laws and another showing the additional expenditures proposed to
be financed from recommended tax increases.
(2) Budget requests for administration and operation of the legisla-
tive branch, the judicial branch, the elective constitutional offices, the
Arkansas State Highway and Transportation Department, the Arkan-
sas Lottery Commission, and the Arkansas State Game and Fish
Commission shall be submitted directly to the Legislative Council
without any recommendation by the Governor.
(c) In order to carry out the provisions of this section, the Governor
or Governor-elect shall:
(1) Have the power, and it shall be his or her duty, to provide for
hearings, if required, with the administrative head or any other persons
having knowledge thereof, of any agency submitting a budget request
in order for him or her to make his or her determinations and
recommendations; and
(2) Appear or appoint a designated representative to appear before
the General Assembly or any committees or interim committees thereof
to present his or her recommendations for the forthcoming budgetary
period.
History. Acts 1973, No. 876, § 3;A.S.A. by identical acts Nos. 605 and 606 in-
1947, § 13-329; Acts 2009, No. 605, § 14; serted "the Arkansas Lottery Commis-
2009, No. 606, § 14. sion" in (b)(2), and made a related change.
Amendments. The 2009 amendment
19-4-304 PUBLIC FINANCE 14
Subchapter 3 — Chief Fiscal Officer of the State
SECTION.
19-4-304. Regular and fiscal session
preparations.
19-4-304. Regular and fiscal session preparations.
(a) Immediately after July 1 of each even-numbered calendar year, or
earlier if determined necessary, the Director of the Department of
Finance and Administration shall:
(1) Issue budget information forms, budget estimating instructions,
and a budget calendar which has been approved by the Legislative
Council, plus a budget policy letter from the Governor containing some
or all of the following:
(A) Establishing maximum limitations on expenditures for the
year in which estimates are being requested;
(B) Setting out the policies which will determine the Governor's
priorities in the allocation of available resources;
(C) Outlining the effects of economic changes pertaining to price
levels, population changes, and pending federal legislation; and
(D) Containing a review of current fiscal conditions and a prognos-
tication of fiscal conditions for the future;
(2)(A) Visit and inspect the properties and facilities of any or all state
agencies and request the administrative head or any employee of the
agency to appear before him or her to explain any matters concerning
the budgetary and program requirements of the agency.
(B) If any agency fails or refuses to furnish any information with
respect to budget estimates or program formulation, as and when it
shall be requested by the Chief Fiscal Officer of the State, then he or
she shall have the authority to prepare and submit his or her own
recommendations as to the budgetary or program requirements of the
agency;
(3) Assist agencies in the preparation of their budget proposals. This
assistance may include:
(A) Technical assistance;
(B) Organization of materials;
(C) Centrally collected accounting, budgeting, personnel, and pur-
chasing information standards and guidelines;
(D) Population and other required data; and
(E) Any other assistance that will help the agencies produce the
information necessary for efficient agency management and decision
making by the General Assembly and the Governor or the Governor-
elect;
(4) Analyze the budget estimates to evaluate and assess the priority
and accuracy of agency requests in relation to policy and program
objectives and the financial condition of the state and make recommen-
15 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-406
dations for modifications and revision of the budget request if, in their
opinion, the facts before them would justify such proposed revisions.
The Chief Fiscal Officer of the State in making recommended changes
shall not alter the original request unless requested to do so by the
administrative head of the agency affected but shall report the original
request, together with his or her own recommendations and the reasons
therefor, to the Governor, so that all agency budget estimates may be
made available to the Governor or Governor-elect, the Legislative
Council, and the General Assembly for their consideration;
(5) Prepare an estimate of the general and special revenues for the
next fiscal year, along with comparative data for the then-current fiscal
year and past fiscal year; and
(6) Submit the budget studies, together with his or her recommen-
dations, to the Legislative Council and to the Governor or Governor-
elect for such further recommendations as the Governor or Governor-
elect may care to make.
(b) The director shall submit the annual revenue forecast to the
Legislative Council:
(1) By December 1 of the year preceding a fiscal session; and
(2) No later than sixty (60) days before the start of a regular session.
History. Acts 1973, No. 876, § 6; A.S.A. added the subsection (a) designation; sub-
1947, § 13-332; Acts 2009, No. 962, § 38. stituted "year" for "biennial" in (a)(1)(A);
Amendments. The 2009 amendment substituted "fiscal year" for "biennial pe-
substituted "Regular and fiscal session" ri d" in (a)(5); and added (b).
for "Biennial" in the section heading;
Subchapter 4 — Auditor of State and Treasurer of State
SECTION.
19-4-406. Storage of warrants.
19-4-406. Storage of warrants.
(a)(1) The Auditor of State shall place all redeemed warrants in a
secure place or vault in the Auditor of State's office, subject to the
inspection by any interested citizen.
(2)(A) Except as provided in subdivision (a)(2)(B) of this section, the
Auditor of State shall keep a warrant intact and without further
alteration for a period of one (1) year from the close of the fiscal year
in which the warrant was issued.
(B)(i) If the Auditor of State makes an electronic copy of the
warrant, the original warrant shall be kept for three (3) months.
(ii) The electronic copy of the warrant shall be maintained for a
period often (10) years from the close of the fiscal year in which the
warrant was issued.
(b) If the Legislative Auditor or the State Historian requests reten-
tion of an original warrant or the electronic copy of a warrant in excess
of the time periods provided under subsection (a) of this section, the
19-4-522
PUBLIC FINANCE
16
warrant shall be retained by the Auditor of State for such period of time
as required by the Legislative Auditor or the State Historian.
(c) If federal law or regulations require the retention of certain
warrants for a period longer than the period prescribed in this section,
warrants shall be retained for the period prescribed by the federal law
or regulations.
History. Acts 1973, No. 876, § 27;
1983, No. 305, § 1; A.S.A. 1947, § 13-353;
Acts 2007, No. 269, § 1; 2009, No. 251,
§ 9.
Amendments. The 2009 amendment,
in (b), substituted "or the" for "and" pre-
ceding "State Historian" in two places,
substituted "the warrant" for "the war-
rants and vouchers," and made a related
change.
Subchapter 5 — Financial Management System
19-4-522. Maintenance and general operation.
A.C.R.C. Notes. Acts 2011, No. 922,
§ 5, provided: "TRANSFERS OF APPRO-
PRIATION. In the event the amount of
any of the budget classifications of main-
tenance and general operation in this act
are found by the administrative head of
the agency to be inadequate, then the
agency head may request, upon forms
provided for such purpose by the Chief
Fiscal Officer of the State, a modification
of the amounts of the budget classifica-
tion. In that event, he shall set out on the
forms the particular classifications for
which he is requesting an increase or
decrease, the amounts thereof, and his
reasons therefor. In no event shall the
total amount of the budget exceed either
the amount of the appropriation or the
amount of the funds available, nor shall
any transfer be made from the capital
outlay or data processing subclassifica-
tions unless specific authority for such
transfers is provided by law, except for
transfers from capital outlay to data pro-
cessing when determined by the Depart-
ment of Information Systems that data
processing services for a state agency can
be performed on a more cost-efficient basis
by the Department of Information Sys-
tems than through the purchase of data
processing equipment by that state
agency. In considering the proposed modi-
fication as prepared and submitted by
each state agency, the Chief Fiscal Officer
of the State shall make such studies as he
deems necessary. The Chief Fiscal Officer
of the State shall, after obtaining the
approval of the Legislative Council, ap-
prove the requested transfer if in his opin-
ion it is in the best interest of the state.
"The General Assembly has determined
that the agency in this act could be oper-
ated more efficiently if some flexibility is
given to that agency and that flexibility is
being accomplished by providing author-
ity to transfer between certain items of
appropriation made by this act. Since the
General Assembly has granted the agency
broad powers under the transfer of appro-
priations, it is both necessary and appro-
priate that the General Assembly main-
tain oversight of the utilization of the
transfers by requiring prior approval of
the Legislative Council in the utilization
of the transfer authority. Therefore, the
requirement of approval by the Legisla-
tive Council is not a severable part of this
section. If the requirement of approval by
the Legislative Council is ruled unconsti-
tutional by a court of competent jurisdic-
tion, this entire section is void.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Acts 2011, No. 950, § 5, provided:
"TRANSFERS OF APPROPRIATIONS.
In the event the amount of any of the
budget classifications of maintenance and
general operation in this act are found by
the administrative head of the agency to
be inadequate, then the agency head may
request, upon forms provided for such
purpose by the Chief Fiscal Officer of the
State, a modification of the amounts of the
budget classification. In that event, he
shall set out on the forms the particular
17
ACCOUNTING AND BUDGETARY PROCEDURES
19-4-522
classifications for which he is requesting
an increase or decrease, the amounts
thereof, and his reasons therefor. In no
event shall the total amount of the budget
exceed either the amount of the appro-
priation or the amount of the funds avail-
able, nor shall any transfer be made from
the capital outlay or data processing sub-
classifications unless specific authority for
such transfers is provided by law, except
for transfers from capital outlay to data
processing when determined by the De-
partment of Information Systems that
data processing services for a state agency
can be performed on a more cost-efficient
basis by the Department of Information
Systems than through the purchase of
data processing equipment by that state
agency. In considering the proposed modi-
fication as prepared and submitted by
each state agency, the Chief Fiscal Officer
of the State shall make such studies as he
deems necessary. The Chief Fiscal Officer
of the State shall, after obtaining the
approval of the Legislative Council, ap-
prove the requested transfer if in his opin-
ion it is in the best interest of the state.
"The General Assembly has determined
that the agency in this act could be oper-
ated more efficiently if some flexibility is
given to that agency and that flexibility is
being accomplished by providing author-
ity to transfer between certain items of
appropriation made by this act. Since the
General Assembly has granted the agency
broad powers under the transfer of appro-
priations, it is both necessary and appro-
priate that the General Assembly main-
tain oversight of the utilization of the
transfers by requiring prior approval of
the Legislative Council in the utilization
of the transfer authority. Therefore, the
requirement of approval by the Legisla-
tive Council is not a severable part of this
section. If the requirement of approval by
the Legislative Council is ruled unconsti-
tutional by a court of competent jurisdic-
tion, this entire section is void.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Acts 2011, No. 951, § 10, provided:
"TRANSFERS OF APPROPRIATIONS.
In the event the amount of any of the
budget classifications of maintenance and
general operation in this act are found by
the administrative head of the agency to
be inadequate, then the agency head may
request, upon forms provided for such
purpose by the Chief Fiscal Officer of the
State, a modification of the amounts of the
budget classification. In that event, he
shall set out on the forms the particular
classifications for which he is requesting
an increase or decrease, the amounts
thereof, and his reasons therefor. In no
event shall the total amount of the budget
exceed either the amount of the appro-
priation or the amount of the funds avail-
able, nor shall any transfer be made from
the capital outlay or data processing sub-
classifications unless specific authority for
such transfers is provided by law, except
for transfers from capital outlay to data
processing when determined by the De-
partment of Information Systems that
data processing services for a state agency
can be performed on a more cost-efficient
basis by the Department of Information
Systems than through the purchase of
data processing equipment by that state
agency. In considering the proposed modi-
fication as prepared and submitted by
each state agency, the Chief Fiscal Officer
of the State shall make such studies as he
deems necessary. The Chief Fiscal Officer
of the State shall, after obtaining the
approval of the Legislative Council, ap-
prove the requested transfer if in his opin-
ion it is in the best interest of the state.
"Upon determination by the Director of
the Department of Human Services that a
Reallocation of Resources is necessary for
the effective operation of the Medicaid
Expansion Program Grants, the director,
with the approval of the Governor, shall
have the authority to request from the
Chief Fiscal Officer of the State a transfer
of Appropriation. This transfer authority
applies only to Section 5 Medicaid Expan-
sion Program Grants of this Act between
Hospital and Medical Services Item (01)
and Prescription Drugs Item (02). The
limitation restrictions applicable to the
Department Reallocation of Resources au-
thority applies to this section.
"The General Assembly has determined
that the agency in this act could be oper-
ated more efficiently if some flexibility is
given to that agency and that flexibility is
being accomplished by providing author-
ity to transfer between certain items of
appropriation made by this act. Since the
General Assembly has granted the agency
broad powers under the transfer of appro-
priations, it is both necessary and appro-
19-4-522
PUBLIC FINANCE
18
priate that the General Assembly main-
tain oversight of the utilization of the
transfers by requiring prior approval of
the Legislative Council in the utilization
of the transfer authority. Therefore, the
requirement of approval by the Legisla-
tive Council is not a severable part of this
section. If the requirement of approval by
the Legislative Council is ruled unconsti-
tutional by a court jurisdiction, this entire
section is void."
Acts 2011, No. 1059, § 5, provided:
"TRANSFERS OF APPROPRIATIONS.
In the event the amount of any of the
budget classifications of maintenance and
general operation in this act are found by
the administrative head of the agency to
be inadequate, then the agency head may
request, upon forms provided for such
purpose by the Chief Fiscal Officer of the
State, a modification of the amounts of the
budget classification. In that event, he
shall set out on the forms the particular
classifications for which he is requesting
an increase or decrease, the amounts
thereof, and his reasons therefor. In no
event shall the total amount of the budget
exceed either the amount of the appro-
priation or the amount of the funds avail-
able, nor shall any transfer be made from
the capital outlay or data processing sub-
classifications unless specific authority for
such transfers is provided by law, except
for transfers from capital outlay to data
processing when determined by the De-
partment of Information Systems that
data processing services for a state agency
can be performed on a more cost-efficient
basis by the Department of Information
Systems than through the purchase of
data processing equipment by that state
agency. In considering the proposed modi-
fication as prepared and submitted by
each state agency, the Chief Fiscal Officer
of the State shall make such studies as he
deems necessary. The Chief Fiscal Officer
of the State shall, after obtaining the
approval of the Legislative Council, ap-
prove the requested transfer if in his opin-
ion it is in the best interest of the state.
"The General Assembly has determined
that the agency in this act could be oper-
ated more efficiently if some flexibility is
given to that agency and that flexibility is
being accomplished by providing author-
ity to transfer between certain items of
appropriation made by this act. Since the
General Assembly has granted the agency
broad powers under the transfer of appro-
priations, it is both necessary and appro-
priate that the General Assembly main-
tain oversight of the utilization of the
transfers by requiring prior approval of
the Legislative Council in the utilization
of the transfer authority. Therefore, the
requirement of approval by the Legisla-
tive Council is not a severable part of this
section. If the requirement of approval by
the Legislative Council is ruled unconsti-
tutional by a court jurisdiction, this entire
section is void.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Subchapter 6 — Annual Operations Plans of State Agencies
SECTION.
19-4-607. Review and approval of annual
operations plans.
Effective Dates. Acts 2009, Nos. 605
and 606, § 27: Mar. 25, 2009. Emergency
clause provided: "It is found and deter-
mined by the General Assembly of the
State of Arkansas that the people of the
State of Arkansas overwhelmingly ap-
proved the establishment of lotteries at
the 2008 General Election; that lotteries
will provide funding for scholarships to
the citizens of this state; that the failure
to immediately implement this act will
cause a reduction in lottery proceeds that
will harm the educational and economic
success of potential students eligible to
receive scholarships under the act; and
that the state lotteries should be imple-
mented as soon as possible to effectuate
the will of the citizens of this state and
implement lottery-funded scholarships as
soon as possible. Therefore, an emergency
is declared to exist and this act being
immediately necessary for the preserva-
19 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-607
tion of the public peace, health, and safety time during which the Governor may veto
shall become effective on: (1) The date of the bill; or (3) If the bill is vetoed by the
its approval by the Governor; (2) If the bill Governor and the veto is overridden, the
is neither approved nor vetoed by the date the last house overrides the veto."
Governor, the expiration of the period of
19-4-607. Review and approval of annual operations plans.
(a) Each state agency other than the elected constitutional officers,
the legislative branch and its staff offices, the judicial branch and its
staff offices, the Arkansas State Highway and Transportation Depart-
ment, the Arkansas Lottery Commission, the state-supported institu-
tions of higher education, and the Arkansas State Game and Fish
Commission shall prepare an annual operations plan for the operation
of each of its assigned programs for submission to the Chief Fiscal
Officer of the State.
(b) The annual operations plan shall be prepared in the form and
content determined by the Chief Fiscal Officer of the State and shall be
transmitted to the Department of Finance and Administration on the
date prescribed by the Chief Fiscal Officer of the State.
(c) In years when the General Assembly meets in regular session, the
annual operations plan shall be prepared after adjournment of the
regular session and shall take fully into consideration all applicable
laws, including appropriations, and shall be submitted to the Depart-
ment of Finance and Administration on a date set by the Chief Fiscal
Officer of the State but prior to July 1 of that year.
(d) The Chief Fiscal Officer of the State shall:
(1) Review each annual operations plan to determine that:
(A) It is consistent with the policy decisions of the General Assem-
bly and the Governor;
(B) Appropriations and funding have been provided by the General
Assembly;
(C) It reflects proper planning and efficient management methods;
and
(D) Appropriations and funding have been made for the planned
purpose and will not be exhausted before the end of the fiscal year;
and
(2)(A)(i) Approve the annual operations plan if he or she is satisfied
that it meets all requirements.
(ii) Otherwise, he or she shall require necessary revisions of the
plan in whole or in part.
(B) However, nothing in this section shall be construed to allow the
Chief Fiscal Officer of the State to substitute his or her individual
judgment as to the operation or necessity of any program of any state
agency for the judgment of the executive head or board or commission
charged with the responsibility for the operation and control of that
agency.
19-4-607
PUBLIC FINANCE
20
(e) Each annual operations plan shall indicate:
(1) The appropriation and funding provided by the General Assem-
bly;
(2) A detailed budget by quarters; and
(3) Any other supporting or related information required by the
Chief Fiscal Officer of the State or requested by a legislative interim
committee, including the Legislative Council.
History. Acts 1973, No. 876, § 9; A.S.A.
1947, § 13-335; Acts 1997, No. 1354, § 36;
2001, No. 221, § 3; 2009, No. 605, § 15;
2009, No. 606, § 15.
Amendments. The 2009 amendment
by identical acts Nos. 605 and 606 in-
serted "the Arkansas Lottery Commis-
sion" in (a), and made a related change.
Subchapter 8 — Expenditure of Cash Funds
SECTION.
19-4-801. Definitions.
19-4-803. Exemptions.
Effective Dates. Acts 2009, Nos. 605
and 606, § 27: Mar. 25, 2009. Emergency
clause provided: "It is found and deter-
mined by the General Assembly of the
State of Arkansas that the people of the
State of Arkansas overwhelmingly ap-
proved the establishment of lotteries at
the 2008 General Election; that lotteries
will provide funding for scholarships to
the citizens of this state; that the failure
to immediately implement this act will
cause a reduction in lottery proceeds that
will harm the educational and economic
success of potential students eligible to
receive scholarships under the act; and
that the state lotteries should be imple-
mented as soon as possible to effectuate
the will of the citizens of this state and
implement lottery-funded scholarships as
soon as possible. Therefore, an emergency
is declared to exist and this act being
immediately necessary for the preserva-
tion of the public peace, health, and safety
shall become effective on: (1) The date of
its approval by the Governor; (2) If the bill
is neither approved nor vetoed by the
Governor, the expiration of the period of
time during which the Governor may veto
the bill; or (3) If the bill is vetoed by the
Governor and the veto is overridden, the
date the last house overrides the veto."
Acts 2009, No. 1405, § 57: Apr. 9, 2009.
Emergency clause provided: "It is found
and determined by the General Assembly
of the State of Arkansas that the people of
the State of Arkansas overwhelmingly ap-
proved the establishment of lotteries at
the 2008 General Election; that the
Eighty-seventh General Assembly
adopted Acts 605 and 606 of 2009 that
implemented lotteries and made corre-
sponding revisions to the Arkansas Aca-
demic Challenge Scholarship Program;
that this bill amends provisions of Acts
605 and 606 of 2009 pertaining to lotteries
and the Arkansas Academic Challenge
Scholarship Program; and that the failure
to immediately implement this act will
cause a reduction in lottery proceeds that
will harm the educational and economic
success of potential students eligible to
receive scholarships under the act. There-
fore, an emergency is declared to exist and
this act being immediately necessary for
the preservation of the public peace,
health, and safety shall become effective
on: (1) The date of its approval by the
Governor; (2) If the bill is neither ap-
proved nor vetoed by the Governor, the
expiration of the period of time during
which the Governor may veto the bill; or
(3) If the bill is vetoed by the Governor
and the veto is overridden, the date the
last house overrides the veto."
2 1 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-803
19-4-801. Definitions.
As used in this subchapter:
(1) "Cash funds" means all moneys, negotiable instruments, certifi-
cates of indebtedness, stocks, and bonds held by or owned by any state
agency which are not on deposit with or in the trust of the Treasurer of
State; and
(2)(A) "State agency" means all boards, commissions, departments,
agencies, institutions, offices or officers, state-supported institutions
of higher learning, and any other office or unit of government of the
State of Arkansas created or established pursuant to law or pursuant
to any action of the Governor, functioning under appropriation made
by the General Assembly or functioning as a representative of the
state without appropriation of the General Assembly.
(B) "State agency" shall not include the:
(i) Governor;
(ii) Secretary of State;
(iii) Attorney General;
(iv) Treasurer of State;
(v) Auditor of State;
(vi) Commissioner of State Lands;
(vii) Supreme Court and its justices;
(viii) Circuit courts and circuit judges;
(ix) Prosecuting attorneys;
(x) Arkansas State Game and Fish Commission;
(xi) Arkansas State Highway and Transportation Department;
(xii)(a) Arkansas Lottery Commission.
(b) However, the Arkansas Lottery Commission shall be consid-
ered a state agency for the purposes of §§ 19-4-810 — 19-4-816;
(xiii) General Assembly; and
(xiv) Respective staffs of the officers and agencies listed in this
subdivision (2)(B).
History. Acts 1975, No. 5, §§ 1, 2; serted (2)(B)(xii), redesignated the subse-
A.S.A. 1947, §§ 13-356, 13-357; Acts 2005, quent subdivisions accordingly, and made
No. 1962, § 79; 2009, No. 605, § 16; 2009, a minor stylistic change.
No. 606, § 16; Acts 2009, No. 1405, § 25. The 2009 amendment by No. 1405 sub-
Amendments. The 2009 amendment stituted "19-4-816" for "19-4-1816" in
by identical acts Nos. 605 and 606 in- (2)(B)(xii)(b).
19-4-803. Exemptions.
(a) The following are exempt from this subchapter:
(1) Funds required by the terms of a bond indenture to be held by
paying agents for the payment of interest and principal on such bonds;
(2) Petty cash funds held by the various state agencies;
(3) Memorials, endowments, bequests, gifts, and donations made to
any state agency other than for normal operation of the agency;
(4) Canteen funds of state agencies other than institutions of higher
learning, wherein the profits earned are used for the benefit of the
19-4-803 PUBLIC FINANCE 22
people served by that agency through the purchase of services or goods
other than normal salary or maintenance expenses of the agency;
(5) The Benefit Fund of the Department of Workforce Services;
(6) The Bond Guaranty Reserve Account of the Arkansas Economic
Development Council;
(7) The Illegal Drug Purchase Account and the Confidential Accounts
of the Department of Arkansas State Police;
(8) Patient funds, when the institution is acting in a trust capacity or
when the funds are utilized for patient activities other than normal
agency-provided services;
(9) The State Treasury Money Trust Management Fund; and
(10) Any other funds determined by the Chief Fiscal Officer of the
State or the General Assembly, to be held in trust and on deposit in a
financial institution other than the State Treasury.
(b)(1) Any moneys received from any millage levied by a community
college district pursuant to an election under Acts 1965, No. 560
[repealed] or Acts 1973, No. 103 [repealed], or any acts amendatory to
these acts, shall not be subject to any of the provisions of this
subchapter which require funds to be appropriated by the General
Assembly.
(2) The board of any community college may use the funds received
from the millage levied for the purposes stated on the ballot at the time
of the election authorizing the millage, i.e., construction, purchasing
equipment, or where so provided on the ballot, for operation of the
college, and the funds shall be subject to all such other provisions of this
subchapter as are not inconsistent with this subsection.
(c) The Department of Correction Plasma Center is exempt from
provisions of this subchapter.
(d) The Arkansas Comprehensive Health Insurance Pool, created
under the Comprehensive Health Insurance Pool Act, § 23-79-501 et
seq., and its board of directors, and the Arkansas Property and
Casualty Insurance Guaranty Fund and its advisory association, refer-
enced under the Arkansas Property and Casualty Insurance Guaranty
Act, § 23-90-101 et seq., and the Arkansas Life and Disability Health
Insurance Guaranty Association and its board of directors, referenced
under the Arkansas Life and Health Insurance Guaranty Association
Act, § 23-96-101 et seq., are hereby exempt from the provisions of this
subchapter.
(e) The Tobacco Settlement Cash Holding Fund administered by the
State Board of Finance shall be exempt from the provisions of this
subchapter.
History. Acts 1975, No. 5, § 7; 1975, Amendments. The 2009 amendment
No. 265, § 1; 1977, No. 713, § 14; A.S.A. redesignated (a), substituted "Trust Man-
1947, §§ 13-356.1, 13-362; Acts 1997, No. agement" for "Management Trust" in
540, § 39; 1997, No. 1000, § 17; 1997, No. ( a )(9), and made related and minor stylis-
1179, § 3; Init. Meas. 2000, No. 1, § 19; tic changes.
Acts 2009, No. 251, § 10.
23 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-903
Subchapter 9 — Travel Regulations
SECTION. SECTION.
19-4-903. Standard reimbursements and 19-4-906. Motor vehicle restrictions and
special authorizations. authorizations.
19-4-904. Exempt persons and agencies.
19-4-903. Standard reimbursements and special authorizations.
(a)(1) Except for special authorization by the Chief Fiscal Officer of
the State, reimbursement for meals and lodging while traveling on
official business of the state shall not exceed the maximum rates as
prescribed by the Federal Travel Directory published by the United
States General Services Administration.
(2) Requests for special authorization shall be limited to those rare
occasions where unusual circumstances may cause the existing rates to
be inadequate and shall be set out in writing in such detail as shall be
required in the state travel procedures and shall be executed in behalf
of each individual traveler for each special authorized occasion. Pro-
vided however, that requests for special authorization by employees of
institutions of higher education shall be subject to the approval of the
chief executive officer of the institution and not the Department of
Finance and Administration.
(3) Under such emergency conditions as shall be determined by the
Governor, the limitations of this subsection with respect to meals and
lodging may be waived or modified.
(b)(1) As used in this subsection, "state-owned motor vehicle" means
a motor vehicle purchased or leased by:
(A) The State of Arkansas;
(B) The office of a constitutional officer of the State of Arkansas;
(C) A constitutionally independent agency or commission; and
(D) A state-supported institution of higher education.
(2)(A) Unless otherwise provided by law, reimbursement for the use
of privately owned motor vehicles while traveling on official business
for the state shall not exceed the allowable rate of the Internal
Revenue Service per mile for business use of privately owned motor
vehicles.
(B) A state agency director may authorize reimbursement for
travel expenses for meals, lodging, and private automobile or air-
plane usage at amounts less than that established under the author-
ity of this section.
(C) The Chief Fiscal Officer of the State by regulation may estab-
lish procedures and the rate for reimbursing individuals for the use of
privately owned airplanes while traveling on official business for the
state.
(3)(A)(i) Any employee of the State of Arkansas who utilizes, but
whose job does not require the state employee to utilize, a state-
owned motor vehicle for transportation to or from his or her perma-
nent residence from or to his or her official station on a daily basis
19-4-904 PUBLIC FINANCE 24
shall reimburse the fund from which the operating expenses of the
state-owned motor vehicle are paid at the same rate authorized by
the state agency director of the agency employing the state employee
for reimbursements for private automobile usage under subdivision
(b)(2)(B) of this section.
(ii) As used in subdivision (b)(3)(A)(i) of this section, "state em-
ployee":
(a) Means an employee of a state agency, board, commission,
department, or state-supported institution of higher education; and
(b) Includes a constitutional officer and an employee of a constitu-
tional officer.
(B) All state-owned motor vehicles or state-leased motor vehicles
shall be for official business use only.
(c) The Chief Fiscal Officer of the State shall promulgate rules and
regulations to implement the provisions of this subchapter.
History. Acts 1973, No. 876, § 16; 1974 substituted "same rate authorized by the
(Ex. Sess.), No. 16, § 1; 1977, No. 462, state agency director of the agency em-
§ 1; 1979, No. 890, § 1; 1985, No. 365, ploying the state employee for reimburse-
§ 7; A.S.A. 1947, § 13-342; Acts 1987, No. ments for private automobile usage under
81, § 1; 1991, No. 1222, §§ 1, 2; 1997, No. subdivision (b)(2)(B) of this section" for
795, § 1; 2011, No. 1021, § 1. « rate of fifteen cents (150) per mile for
Amendments. The 2011 amendment each mile> or port ion thereof, in excess of
inserted present (b)(1) and redesignated ten (10) miles each way ». added
f2^ er /wLl } A^ {) aS J T fu e ?\ ( y i2) ^ (b)(3)(A)(ii); and substituted "motor ve-
(3); in (b)(3)(A)(i) inserted state preced- mde8 Qr state . leased motor vehicles » for
ing employee to utilize and state- « or leased vehicles " in (b)(3)( B).
owned preceding motor vehicle, and
19-4-904. Exempt persons and agencies.
(a)(1) The limitations of this subchapter relating to travel regula-
tions shall not be applicable to:
(A) Except as provided in § 19-4-903(b), the constitutional or
elective officials and their employees; or
(B) Official guests of the state.
(2) The provisions of this subchapter shall not be used to supersede
or set aside the provisions of law providing for fixed allowances,
established amounts for per diem, or to special travel privileges
provided by law for specific purposes when the allowances exceed those
authorized in this subchapter.
(b)(1) Personal reimbursement will not be allowed to any state
official, state employee, or any other person traveling on official
business for expenses covering personal entertainment, flowers, valet
service, laundry and cleaning, or other personal expenses, as those
expenses shall be defined in the state travel regulations. All such
persons shall be required to submit their travel reimbursement re-
quests upon forms prescribed by the Department of Finance and
Administration, itemized in such detail as shall be necessary to carry
out the purposes and intent of this section.
25 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-906
(2) The tip reimbursement amount shall not exceed fifteen percent
(15%) of the meal amount expended.
(3) The total reimbursement for meals and tips shall not exceed the
maximum rates prescribed by the Financial Management Guide pub-
lished by the Office of Accounting of the Department of Finance and
Administration.
(c) The cost of meals, lodging, and mileage of state employees who
are designated by a supervisor or agency director to attend official or
special board meetings or other functions recognized as being in the
performance of their official duties may be paid either as reimburse-
ment to the employee or on direct billing, in the case of meals and
lodging, subject to approval of the superior.
(d) It is recognized that within the state-supported institutions of
higher education there exists an obligatory inherent cost of providing
travel expenses for a group or number of students who, when accom-
panied by those who instruct the students in the fundamentals of a
competitive sport and direct team strategy, must travel and be recog-
nized as a cohesive unit representing not only their institution, but
exemplifying the State of Arkansas in their behavior, attitudes, inter-
ests, presentation, and conduct. In these circumstances the payment of
group travel expenses, including those of students and employees, may
be authorized as follows:
(1) Meals and lodging;
(2) Transportation;
(3) Entertainment, within reasonable limits, to ease the pressure on
students of their objectives;
(4) Costs of group activities, including gratuities, laundry, cleaning,
and favors; and
(5) Other personal expenses to be paid only from auxiliary funds not
inconsistent with standards, rules, regulations, or prohibitions estab-
lished by recognized national or state governing associations pertaining
to the respective students and employees and the institutions they are
representing.
History. Acts 1973, No. 876, § 16; Amendments. The 2011 amendment
1981, No. 741, § 3; 1985, No. 365, § 7; rewrote (a).
A.S.A. 1947, § 13-342; Acts 1997, No. 250,
§ 174; 2007, No. 715, § 1; 2011, No. 1021,
§ 2.
19-4-906. Motor vehicle restrictions and authorizations.
(a) None of the funds appropriated for the various state agencies,
authorities, boards, commissions, departments, and institutions of
higher education listed below shall be used to purchase, lease for over
thirty (30) days, operate, repair, or provide services for more than the
maximum number of passenger motor vehicles as set out in this section,
except in an emergency as proclaimed by the Governor. Passenger
motor vehicles are denned as those licensed for highway use, including,
but not limited to, automobiles, trucks, and vans. Mileage reimburse-
19-4-906
PUBLIC FINANCE
26
ment for employees' utilization of their personal automobiles shall not
be deemed to be included in this restriction.
Item Agency, Authority, Board,
No. Commission, or Institution of Higher
Education
Maximum
Authorized
Number of
Passenger
Motor Vehicles in
any Year
(001)
Arkansas Abstracters' Board
(002)
Administrative Office of the Courts
3
(003)
Adv. Council for Vo-Tech Education
2
(004)
Arkansas State Board of Chiropractic Ex-
aminers
(005)
Arkansas Board of Hearing Instrument
Dispensers
(006)
Arkansas Board of Podiatric Medicine
(007)
Arkansas Building Authority
22
(008)
Arkansas Bureau of Standards
34
(009)
Arkansas Cemetery Board
(010)
Arkansas Code Revision Commission
(011)
Arkansas Commission on Law Enforce-
ment Standards of Training
15
(012)
Arkansas Crime Information Center
11
(013)
Arkansas Department of Aeronautics
1
(014)
Arkansas Department of Emergency Man-
agement
15
(015)
Arkansas Department of Environmental
Quality
57
(016)
Arkansas Development Finance Authority
3
(017)
Arkansas Economic Development Council
31
(018)
Arkansas Fire Protection Licensing Board
(019)
Arkansas Forestry Commission
396
(020)
Arkansas Geological Survey
18
(021)
Arkansas History Commission, Depart-
ment of Parks and Tourism
3
(022)
Arkansas Livestock and Poultry Commis-
81
(023)
olUll
Arkansas Manufactured Home Commis-
3
(024)
sion
Arkansas Motor Vehicle Commission
5
(025)
Arkansas Natural Resources Commission
8
(026)
Arkansas Northeastern College
26
(027)
Arkansas Psychology Board
27
ACCOUNTING AND BUDGETARY PROCEDURES
19-4-906
Item Agency, Authority, Board,
No. Commission, or Institution of Higher
Education
Maximum
Authorized
Number of
Passenger
Motor Vehicles in
any Year
(028) Arkansas Public Employees' Retirement
System
(029) Arkansas Public Service Commission
(030) Arkansas Real Estate Commission
(031) Arkansas School for Mathematics, Sci-
ences, and the Arts
(032) Arkansas School for the Blind
(033) Arkansas School for the Deaf
(034) Arkansas Science & Technology Authority
(035) Arkansas Social Work Licensing Board
(036) Arkansas Soybean Promotion Board
(037) Arkansas Spinal Cord Commission
(038) Arkansas State Board of Architects,
Landscape Architects, and Interior Design-
ers
(039) Arkansas State Board of Dental
Examiners
(040) Arkansas State Board of Landscape
Architects [abolished]
(041) Arkansas State Board of Massage
Therapy
(042) Arkansas State Board of Nursing
(043) Arkansas State Board of Pharmacy
(044) Arkansas State Board of Public
Accountancy
(045) Arkansas State Board of Registration for
Foresters
(046) Arkansas State Board of Registration for
Professional Soil Classifiers
(047) Arkansas State Board of Sanitarians
(048) Arkansas State Department of Health
Building Commission
(049) Arkansas State Game and Fish
Commission
(050) Arkansas State Highway and Transporta-
tion Department
(051) Arkansas State Highway and Transporta-
tion Department
27
3
14
8
14
1
3
1
1
1
400
43
2,300
19-4-906
PUBLIC FINANCE
28
Item Agency, Authority, Board,
No. Commission, or Institution of Higher
Education
Maximum
Authorized
Number of
Passenger
Motor Vehicles in
any Year
Arkansas State Highway and Transporta-
tion Department — (NOAA)
Arkansas State Highway Employees'
Retirement System
Arkansas State Library
Arkansas State Medical Board
Arkansas State Police
Arkansas State University
Arkansas State University — Beebe
Arkansas State University — Mountain
Home
Arkansas State University — Newport
Arkansas State University System
Arkansas Student Loan Authority
Arkansas Teacher Retirement System
Arkansas Tech University
Arkansas Waterways Commission
Black River Technical College
Board of Corrections
Board of Examiners in Speech-Language
Pathology and Audiology
Burial Association Board
Commission on Water Well Construction
Contractors Licensing Board
Cossatot Community College of the Uni-
versity of Arkansas
Department of Arkansas Heritage
Department of Correction
Department of Education
Department of Finance and Administra-
tion — Alcoholic Beverage Control
Division
Department of Finance and Administra-
tion — Alcoholic Beverage Control
Division — Administration Division
Department of Finance and Administra-
tion — Management Services Division
29
725
131
8
10
10
9
2
4
55
1
12
6
2
2
1
20
11
254
10
22
44
29
ACCOUNTING AND BUDGETARY PROCEDURES
19-4-906
Item Agency, Authority, Board,
No. Commission, or Institution of Higher
Education
Maximum
Authorized
Number of
Passenger
Motor Vehicles in
any Year
(079)
Department of Finance and Administra-
tion — Racing Division
1
(080)
Department of Finance and Administra-
tion — Revenue Division
168
(081)
Department of Health
111
(082)
Department of Higher Education
2
(083)
Department of Human Services
444
(084)
Department of Information Services
7
(085)
Department of Labor
9
(086)
Department of Parks and Tourism
187
(087)
Department of Workforce Services
27
(088)
Dept. of Education — National Migrant
Student Record Transfer System
1
(089)
Dept. of Education — Vo-Tech Division
22
(090)
Dept. of Education — Vo-Tech Schools
280
(091)
Dept. of Veterans' Affairs and the Arkan-
sas Veterans' Home
11
(092)
Disabled Veterans Service Office
(093)
East Arkansas Community College
10
(094)
Educational Television Commission
14
(095)
Health Services Permit Agency
1
(096)
Henderson State University
45
(097)
Liquefied Petroleum Gas Board
4
(098)
Mid-South Community College
13
(099)
National Park Community College
16
(100)
North Arkansas College
28
(101)
Northwest Arkansas Community College
20
(102)
Office of the Prosecutor Coordinator
(103)
Oil and Gas Commission
17
(104)
Ouachita Technical College
10
(105)
Ozarka College
12
(106)
Phillips Community College of the Univer-
sity of Arkansas
27
(107)
Pulaski Technical College
25
(108)
Arkansas Revenue Department Building
Commission
(109)
Rich Mountain Community College
12
(110)
SAU-Tech — Camden
15
19-4-906
PUBLIC FINANCE
30
Item
No.
Agency, Authority, Board,
Commission, or Institution of Higher
Education
Maximum
Authorized
Number of
Passenger
Motor Vehicles in
any Year
SAU-Tech — Arkansas Environmental
Training Academy
SAU-Tech — Arkansas Fire Training Acad-
emy
South Arkansas Community College
Southeast Arkansas College
Southern Arkansas University — Magnolia
State Athletic Commission
State Bank Department
State Board of Barber Examiners
State Board of Collection Agencies
State Board of Cosmetology
State Board of Embalmers & Funeral
Directors
State Board of Licensure for Professional
Engineers and Professional Surveyors
State Crime Laboratory
State Department for Social Security Ad-
ministration Disability Determination
State Insurance Department
State Military Department
State Plant Board
State Securities Department
University of Arkansas at Fayetteville
University of Arkansas at Fort Smith
University of Arkansas at Little Rock
University of Arkansas at Monticello
University of Arkansas at Pine Bluff
University of Arkansas Community Col-
lege at Batesville
University of Arkansas Community Col-
lege at Hope
University of Arkansas Community Col-
lege at Morrilton
University of Arkansas for Medical
Sciences
University of Central Arkansas
22
20
6
46
22
15
3
6
20
30
5
594
29
75
64
75
10
20
16
99
100
31
ACCOUNTING AND BUDGETARY PROCEDURES
19-4-906
Item Agency, Authority, Board,
No. Commission, or Institution of Higher
Education
Maximum
Authorized
Number of
Passenger
Motor Vehicles in
any Year
(139) Arkansas Veterans' Child Welfare Service
Office
(140) Veterinary Medical Examining Board
(141) War Memorial Stadium Commission
(142) Workers' Compensation Commission
3
25
(b)(1) The General Assembly recognizes that, in some cases, motor
vehicles are donated to educational institutions and agencies primarily
for use in automotive repair and maintenance courses and in instruc-
tional programs for truck operators and that such motor vehicles are
not normally used for other purposes by the institutions and agencies
and should not be included in the maximum number of authorized
passenger vehicles prescribed for such institutions and agencies in this
section.
(2)(A) Therefore, motor vehicles donated to educational institutions
and agencies primarily for use in programs of instruction in automo-
tive maintenance and repair, in operator training, and in related
instructional programs shall not be included for the purpose of
determining the number of vehicles authorized for any such institu-
tions or agencies.
(B) The provisions of this section shall not be applicable to these
motor vehicles.
(c)(1) The Department of Human Services is exempt from the provi-
sions of this section.
(2) The Department of Human Services may purchase vehicles
utilizing federal funds and the appropriate state matching funds
required.
History. Acts 1983, No. 490, §§ 1, 2;
1985, No. 649, § 44; 1985, No. 888, §§ 22,
23; A.S.A. 1947, §§ 13-342.1, 13-342.3;
Acts 1987, No. 921, § 19; 1989, No. 790,
§ 1; 1989 (1st Ex. Sess.), No. 252, § 9;
1993, No. 447, § 9; 1997, No. 540, § 40;
1997, No. 948, § 3; 1999, No. 646, § 56;
1999, No. 1164, § 156; 1999, No. 1398,
§ 28; 2001, No. 739, §§ 2, 3; 2001 No.
1669, § 29; 2001, No. 1800, § 2; 2005, No.
1869, §§ 1-28; 2005, No. 2123, § 31; 2007,
No. 186, § 3; 2007, No. 711, § 1; 2007, No.
1255, § 35; 2009, No. 1334, § 34.
A.C.R.C. Notes. As the result of an
apparent markup error, the amendment
of this section by Acts 2009, No. 1334,
§ 34, made it appear as if Item No. (119)
of subsection (a) was being changed to
Item No. (137) of subsection (a). However,
the 2009 amendment had no effect on
Item No. (119) of subsection (a) and in-
stead changed the maximum authorized
number of passenger motor vehicles in
any year in Item No. (137) of subsection
(a) from 94 to 99.
19-4-1006 PUBLIC FINANCE
Subchapter 10 — Oil Company Credit Cards
32
SECTION.
19-4-1006. Rules
Records.
19-4-1006. Rules — Records.
The Chief Fiscal Officer of the State shall:
(1) Promulgate rules with respect to obtaining and utilizing credit
cards in payment of products and services;
(2) Prescribe the procedures for reporting, approving, and paying for
products and services purchased with credit cards; and
(3) Prescribe the necessary records to be maintained and the sup-
porting documentation to be provided with each voucher presented for
payment of charges resulting from the use of credit cards.
History. Acts 1979, No. 676, § 4; A.S.A.
1947, § 12-2378.3; Acts 2009, No. 251,
§ 11.
Amendments. The 2009 amendment
deleted "and regulations" in the section
heading; deleted "state-owned oil com-
pany" preceding "credit cards" in (2);
added "resulting from the use of credit
cards" in (3); and made related and minor
stylistic changes.
Subchapter 13 — Monitoring for Deficit Spending
SECTION.
19-4-1303. Exemptions.
Effective Dates. Acts 2009, Nos. 605
and 606, § 27: Mar. 25, 2009. Emergency
clause provided: "It is found and deter-
mined by the General Assembly of the
State of Arkansas that the people of the
State of Arkansas overwhelmingly ap-
proved the establishment of lotteries at
the 2008 General Election; that lotteries
will provide funding for scholarships to
the citizens of this state; that the failure
to immediately implement this act will
cause a reduction in lottery proceeds that
will harm the educational and economic
success of potential students eligible to
receive scholarships under the act; and
that the state lotteries should be imple-
mented as soon as possible to effectuate
the will of the citizens of this state and
implement lottery-funded scholarships as
soon as possible. Therefore, an emergency
is declared to exist and this act being
immediately necessary for the preserva-
tion of the public peace, health, and safety
shall become effective on: (1) The date of
its approval by the Governor; (2) If the bill
is neither approved nor vetoed by the
Governor, the expiration of the period of
time during which the Governor may veto
the bill; or (3) If the bill is vetoed by the
Governor and the veto is overridden, the
date the last house overrides the veto."
19-4-1303. Exemptions.
Funds disbursed by the Arkansas State Highway and Transportation
Department, the Arkansas State Game and Fish Commission, and the
Arkansas Lottery Commission and the funds appropriated in the
33
ACCOUNTING AND BUDGETARY PROCEDURES 19-4-1303
general appropriation bill provided for in Arkansas Constitution, Ar-
ticle 5, § 30, shall be exempt from this subchapter.
History. Acts 1983, No. 781, § 6;A.S.A. by identical acts Nos. 605 and 606 in-
1947, § 13-379; Acts 2009, No. 605, § 17; serted "and the Arkansas Lottery Com-
2009, No. 606, § 17. mission."
Amendments. The 2009 amendment
Subchapter 14 — Construction of Buildings and Facilities
SECTION.
19-4-1402. Contracts to be filed.
19-4-1405. Bidding procedure.
19-4-1415. Projects exceeding five million
dollars.
SECTION.
19-4-1416. Job order contracting.
Effective Dates. Acts 2009, Nos. 605
and 606, § 27: Mar. 25, 2009. Emergency
clause provided: "It is found and deter-
mined by the General Assembly of the
State of Arkansas that the people of the
State of Arkansas overwhelmingly ap-
proved the establishment of lotteries at
the 2008 General Election; that lotteries
will provide funding for scholarships to
the citizens of this state; that the failure
to immediately implement this act will
cause a reduction in lottery proceeds that
will harm the educational and economic
success of potential students eligible to
receive scholarships under the act; and
that the state lotteries should be imple-
mented as soon as possible to effectuate
the will of the citizens of this state and
implement lottery-funded scholarships as
soon as possible. Therefore, an emergency
is declared to exist and this act being
immediately necessary for the preserva-
tion of the public peace, health, and safety
shall become effective on: (1) The date of
its approval by the Governor; (2) If the bill
is neither approved nor vetoed by the
Governor, the expiration of the period of
time during which the Governor may veto
the bill; or (3) If the bill is vetoed by the
Governor and the veto is overridden, the
date the last house overrides the veto."
Acts 2009, No. 1405, § 57: Apr. 9, 2009.
Emergency clause provided: "It is found
and determined by the General Assembly
of the State of Arkansas that the people of
the State of Arkansas overwhelmingly ap-
proved the establishment of lotteries at
the 2008 General Election; that the
Eighty-seventh General Assembly
adopted Acts 605 and 606 of 2009 that
implemented lotteries and made corre-
sponding revisions to the Arkansas Aca-
demic Challenge Scholarship Program;
that this bill amends provisions of Acts
605 and 606 of 2009 pertaining to lotteries
and the Arkansas Academic Challenge
Scholarship Program; and that the failure
to immediately implement this act will
cause a reduction in lottery proceeds that
will harm the educational and economic
success of potential students eligible to
receive scholarships under the act. There-
fore, an emergency is declared to exist and
this act being immediately necessary for
the preservation of the public peace,
health, and safety shall become effective
on: (1) The date of its approval by the
Governor; (2) If the bill is neither ap-
proved nor vetoed by the Governor, the
expiration of the period of time during
which the Governor may veto the bill; or
(3) If the bill is vetoed by the Governor
and the veto is overridden, the date the
last house overrides the veto."
19-4-1402 PUBLIC FINANCE 34
19-4-1402. Contracts to be filed.
(a) Executed counterparts of all contracts entered into by any state
agency with respect to proposed projects for new improvements or
major repairs or additions to existing buildings and facilities shall be
approved by and filed with the Arkansas Building Authority before the
issuance of any vouchers making payments under the contract, unless
the contract is exempted from the jurisdiction of the authority by a law
or a regulation promulgated under the Arkansas Administrative Pro-
cedure Act, § 25-15-201 et seq.
(b)(1) The Boards of Trustees of the University of Arkansas, Arkan-
sas State University, University of Central Arkansas, Henderson State
University, Arkansas Tech University, and Southern Arkansas Univer-
sity, respectively, are exempt from the requirements of this section
requiring the filing of the contracts with the authority.
(2) The governing boards of all other public institutions of higher
education shall be exempt from the requirement for approval and filing
of the contracts with the authority:
(A) Upon approval of the Department of Higher Education; and
(B) If, prior to granting approval, the department shall have
reviewed and approved policies and procedures adopted by the
governing boards of the public institutions of higher education with
respect to bidding and construction of capital improvement projects.
(3) Nothing in this section shall prevent a public institution of higher
education exempt under this subsection from entering into an agree-
ment with the authority to file its contracts with the authority.
(c)(1) All contracts for new improvements or major repairs or addi-
tions to existing buildings and facilities under this subchapter shall
include a project disclosure statement prepared by the agency, board,
commission, or public institution of higher education.
(2) The disclosure statement shall provide the estimated timeline,
scope, and cost of the total project.
(3) The disclosure statement shall not be construed as authorizing
any:
(A) Additional work which is beyond the scope of the bid docu-
ments; or
(B) Payment exceeding the contract amount.
(d) Nothing in this section shall prohibit any agency, board, commis-
sion, or public institution of higher education from executing contract
amendments.
History. Acts 1973, No. 876, § 22; Amendments. The 2009 amendment
1977, No. 813, § 2; A.S.A. 1947, § 13-348; inserted "approved by and" in (a), inserted
Acts 1997, No. 294, § 1; 2001, No. 214, "the requirement for approval and" in
§ 1; 2001, No. 961, § 3; 2005, No. 2186, (b)(2); and made minor stylistic changes.
§ 1; 2009, No. 193, §§ 1, 2.
35 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-1405
19-4-1405. Bidding procedure.
(a)(1)(A) After a state agency has caused the preparation and has
approved plans and specifications, it shall then proceed to advertise
for bids for the contemplated work by the publication of notice one (1)
time each week for not less than two (2) consecutive weeks for
projects over the amount of fifty thousand dollars ($50,000), and shall
proceed to advertise for bids one (1) time each week for not less than
one (1) week for projects more than the quote bid and less than or
equal to fifty thousand dollars ($50,000).
(B)(i) This notice shall be published in a newspaper of general
circulation published in the county in which the proposed improve-
ments are to be made or in a trade journal reaching the construction
industry.
(ii) The last insertion shall be not less than one (1) week prior to
the date on which the bids are to be received.
(2) The notice shall:
(A) Provide for the receipt of sealed bids;
(B) Set forth the time and place in which the bids will be received;
(C) Specify from whom copies of the plans and specifications and a
draft of the proposed contract may be obtained for examination;
(D) Contain the amount of the bid security; and
(E) Contain such other information and requirements as, in the
opinion of the state agency, may be necessary or desirable.
(b)(1) On the date and time fixed in the notice, the state agency shall
open, tabulate, and compare bids, and award the contract to the lowest
responsible bidder.
(2) However, the state agency shall have the right to reject any or all
bids and to waive any formalities.
(c)(1) The successful bidder shall be required to furnish bonds to the
State of Arkansas, with corporate guaranty or indemnity sureties on
the bonds.
(2)(A) The bonds shall be both for the completion of the construction
free of all liens and encumbrances, in an amount fixed by the
Arkansas Building Authority, and for the protection of the state
agency and its members against all liability for injury to persons or
damage to, or loss of, property arising, or claimed to have arisen, in
the course of the work project, within limits fixed by the authority.
(B) However, for projects undertaken by public institutions of
higher education, the bonds shall be in an amount and within limits
fixed by the governing board of the public institution of higher
education.
(d)(1)(A) Every bid submitted on state agency construction contracts
for projects over the amount of twenty thousand dollars ($20,000)
shall be void unless accompanied by a cashier's check drawn upon a
bank or trust company doing business in this state or by a corporate
bid bond and the agent's power of attorney as his or her authority.
(B) No bid security shall be required for projects under or equal to
the amount of twenty thousand dollars ($20,000).
19-4-1405 PUBLIC FINANCE 36
(2) The bid security shall indemnify the public against failure of the
contractor to execute and deliver the contract and necessary bonds for
faithful performance of the contract.
(3) The bid security shall provide that the contractor or surety must
pay the damage, loss, cost, and expense subject to the amount of the bid
security directly arising out of the contractor's default in failing to
execute and deliver the contract and bonds.
(4) Liability under this bid security shall be limited to five percent
(5%) of the amount of the bid.
(e)(1)(A) When it is obvious from examination of the bid document
that it was the intent of a bidder to submit a responsive bid and
because of a scrivener's error, the bid, if accepted, would create a
serious financial loss to the bidder, the Director of the Arkansas
Building Authority may relieve the bidder from responsibility under
his or her bond and may reject the bid.
(B) However, for projects undertaken by public institutions of
higher education exempt from review and approval of the authority,
the chief executive officer of the public institution of higher education
or his or her designee may relieve the bidder from responsibility
under his or her bond and may reject his or her bid in the same
manner and within the same period as allowed by the authority.
(2) As used in this section, "scrivener's error" means:
(A) An error in the calculation of a bid which can be documented by
clear and convincing written evidence and which can be clearly
shown by objective evidence drawn from inspection of the original
work papers, documents, or materials used in the preparation of the
bid sought to be withdrawn; and
(B) In the case of a bid sought to be withdrawn, the bid was
submitted in good faith and the mistake was due to a calculation or
clerical error, an inadvertent omission, or a typographical error as
opposed to an error in judgment.
(3)(A) To receive relief under subdivision (e)(1) of this section, the
bidder must serve written notice to the director or to the chief
executive officer or his or her designee of a public institution of higher
education exempt from review and approval of the authority any time
after the bid opening, but no later than seventy-two (72) hours after
receiving the intent to award, excluding Saturdays, Sundays, and
holidays.
(B) Failure to make a withdrawal request within seventy-two (72)
hours shall constitute a waiver by the bidder of the bidder's right to
claim that the mistake in his or her bid was a scrivener's error.
(4) In the event the director or the chief executive officer or his or her
designee of a public institution of higher education exempt from review
and approval of the authority has relieved the bidder from responsibil-
ity under his or her bond, action on the remaining bids should be
considered as though the withdrawn bid had not been received.
(f)(1) A state agency shall not require in plans or specifications that
a bidder or supplier:
37 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-1415
(A) Hold membership in any professional or industry associations,
societies, trade groups, or similar organizations;
(B) Possess certification from any professional or industry associa-
tions, societies, trade groups, or similar organizations as steel build-
ing fabricators; or
(C) Be endorsed by any professional or industry associations,
societies, trade groups, or similar organizations.
(2) However, plans and specifications may include or reference
standards adopted by professional or industry associations, societies,
trade groups, or similar organizations.
History. Acts 1973, No. 876, § 22; 961, §§ 4, 5; 2003, No. 364, §§ 4, 19; 2005,
1985, No. 365, § 11; A.S.A. 1947, § 13- No. 859, § 1; 2009, No. 193, §§ 3, 4.
348; Acts 1987, No. 758, § 1; 1995, No. Amendments. The 2009 amendment
1319, § 1; 1997, No. 1193, § 2; 1999, No. substituted "security" for "bond" in
219, § 2; 2001, No. 214, §§ 2, 3; 2001, No. (a)(2)(D) and (d)(1)(B).
19-4-1413. Projects constructed with private funds.
CASE NOTES
Constitutionality. out competitive bidding in certain circum-
Arkansas Constitution, Art. 19, § 16, stances, were not unconstitutional under
applied only to county contracts. There- § 16. Gatzke v. Weiss, 375 Ark. 207, 289
fore, this section and § 19-4-1415, which S.W.3d 455 (2008).
allowed for state contracts to be let with-
19-4-1415. Projects exceeding five million dollars.
(a) In the event funds from any sources are provided to state
agencies for projects which exceed five million dollars ($5,000,000),
excluding the cost of land, the provisions of this subchapter and all
other provisions of the Arkansas Code governing construction of public
facilities, including, but not limited to, the provisions of § 22-9-201 et
seq. at the election of state agencies or the institutions of higher
education set forth in subdivision (b)(5) of this section shall not be
applicable to the projects if the selection and contracting process set
forth in this section is followed.
(b)(1) No contract for projects between the state agency and the
construction manager, general contractor, architect, or engineer shall
be entered into without first obtaining approval of the Arkansas
Building Authority and review by the Legislative Council.
(2) The authority shall have involvement in the selection and con-
tract process from the project inception.
(3) There shall be separate contracts for design and construction
services.
(4) The authority shall have the authority to promulgate rules and
regulations pertaining to the process for awarding and overseeing the
contracts.
(5) The Board of Trustees of the University of Arkansas, the Board of
Trustees of Arkansas State University, and the Arkansas Lottery
19-4-1415 PUBLIC FINANCE 38
Commission shall be exempt from review and approval by the authority
and any regulations promulgated by it, provided that the Board of
Trustees of the University of Arkansas, the Board of Trustees of
Arkansas State University, and the Arkansas Lottery Commission have
adopted policies and procedures involving the awarding and oversight
of the contracts for design and construction services.
(6) All procedures pertaining to the contracts shall provide, to the
extent practicable, substantial uniformity between these institutions
with respect to the policies and procedures to be followed.
(c)(1) For all projects contemplated or contracted for, the authority
shall:
(A) Review and approve the advertisement as stated in subsection
(d) of this section, the scope of work, the site selection, funding review,
and, to the extent available, all project drawings, plans, and specifi-
cations prior to any solicitation of proposals for the project;
(B) Conduct on-site observations of the construction project on a
regular basis and maintain project records; and
(C)(i) Review and approve all contract amendments.
(ii) State agencies shall submit a summary of all contract amend-
ments to the Legislative Council;
(2)(A) The institutions of higher education stated in subdivision
(b)(5) of this section shall perform all duties and responsibilities
stated in subdivision (c)(1) of this section under policies and proce-
dures adopted by their governing boards.
(B) They shall submit a summary of all contract amendments to
the Legislative Council.
(d)(1) The selection procedures for the construction manager, general
contractor, architect, or engineer shall provide for solicitation for
qualified, licensed professionals to submit proposals.
(2) The procedures shall assure the design and completion of the
project in an expeditious manner while adhering to high standards of
design and construction quality.
(3) The state agency and each institution of higher education stated
in subdivision (b)(5) of this section shall:
(A) Publish notice of its intention to receive written proposals
three (3) consecutive days in a newspaper of statewide distribution;
(B) Allow a minimum often (10) working days for the professionals
to send letters or resumes in response to newspaper advertisement;
and
(C) Provide additional means of notification, if any, as the state
agency or institution of higher education stated in subdivision (b)(5)
of this section shall determine is appropriate.
(e)(1)(A) A preselection committee, which shall be composed of no
more than three (3) members from the state agency and two (2)
members from the authority shall review the proposals.
(B) A preselection committee for institutions of higher education
stated in subdivision (b)(5) of this section shall consist of at least
three (3) members as determined by each of the institutions, and the
members may be from the authority.
39 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-1415
(C) The preselection committee shall select a maximum of five (5)
applicants and schedule interviews.
(D) The state agency or an institution of higher education as stated
in subdivision (b)(5) of this section shall notify the finalists of their
status.
(2)(A) The final selection committee shall be composed of the (3)
three members from the state agency on the preselection committee.
(B) The final interviews shall be held at the time and date as
designated by the final selection committee.
(C) Representatives of the authority may attend the final selection
meeting, but shall not vote in the final selection process.
(D) The final selection committee for institutions of higher educa-
tion stated in subdivision (b)(5) of this section shall consist of at least
three (3) members as determined by each of the institutions.
(E) Members of a preselection committee may also serve as mem-
bers of the final selection committee of the institutions.
(F) In selecting a general contractor, construction manager, archi-
tect, or engineer, the state agency or institution of higher education
as stated in subdivision (b)(5) of this section shall consider their
established criteria which shall include, but are not limited to, the
following:
(i) The experience of the professional or professionals in similar
projects;
(ii) The record of the professional or professionals in timely
completion of the projects with high quality workmanship; and
(iii) Other similar matters to determine that the professional or
professionals will complete the project within the time and budget
and to the specifications set by the state agency or institution of
higher education as stated in subdivision (b)(5) of this section.
(3)(A) The final selection committee shall select or make a formal
recommendation to its governing body of the professional or profes-
sionals which it determines to be in the best interest of the state.
(B) Contracts for architectural, engineering, and land surveying
professional consultant services shall be negotiated on the basis of
demonstrated competence and qualifications for the type of services
required and at fair and reasonable prices without the use of
competitive bidding, and no rule or regulation shall inhibit the
agency's authority to negotiate fees for the services.
(C) The final selection committee for the institutions of higher
education as stated in subdivision (b)(5) of this section shall make a
recommendation to its governing board or appropriate committee
thereof of the professional or professionals which it determines to be
in the best interest of the institution, and the governing board shall
make the final decision and authorize the contract or contracts to be
negotiated and awarded, unless it has delegated the action to a
committee of the board.
(f)(1) Construction contracts for the projects shall not be entered into
without a payment and performance bond in the amount of the contract
19-4-1415 PUBLIC FINANCE 40
and any amendments thereto and shall provide for the manner in which
the construction shall be managed and supervised.
(2) All project architects and engineers shall be properly licensed in
accordance with the Arkansas State Board of Architects, Landscape
Architects, and Interior Designers and the State Board of Licensure for
Professional Engineers and Professional Surveyors.
(3) The construction manager or general contractor shall be properly
licensed by the Contractors Licensing Board.
(4)(A) All subcontractors on the project shall be properly licensed by
the Contractors Licensing Board.
(B) Any person who is not considered a contractor under § 17-25-
101 et seq. may continue to perform subcontracting work under the
provisions of this subchapter.
(g)(1) To enable a state agency or an institution of higher education
as stated in subdivision (b)(5) of this section to qualify under this
section, the funds shall be paid to or for the benefit of the state agency
or institution of higher education, or to a fund or foundation for the
benefit of the state agency or institution of higher education.
(2) The funds may be represented in whole or in part by a written
pledge or commitment from a donor, provided that the state agency or
institution of higher education shall assure itself of the financial
stability of the donor to fulfill the pledge or commitment.
(h) All projects constructed pursuant to this section, to the extent
applicable, shall be in accordance and compliance with:
(1) Section 17-38-101 et seq., regulating plumbers;
(2) Section 17-33-101 et seq., regulating the heating, ventilation, air
conditioning, and refrigeration industry;
(3) The Fire Prevention Act, § 12-13-101 et seq.;
(4) Section 12-80-101 et seq., regarding earthquake resistant design
for public structures;
(5) Americans with Disabilities Act Accessibility Guidelines, 28
C.F.R. Part 36, Appx. A, adopted by the authority; and
(6)(A) The minimum standards of the authority and criteria pertain-
ing to projects constructed under this section.
(B)(i) However, institutions of higher education as stated in sub-
division (b)(5) of this section shall be exempt from these standards
and criteria, provided that the institutions shall have adopted poli-
cies and procedures involving the awarding and oversight of con-
tracts for projects under this section.
(ii) It is the intention of this section that all procedures adopted by
these institutions pertaining to the contracts shall provide, to the
extent practicable, substantial uniformity between these institutions
with respect to the policies and procedures to be followed.
(iii) Notwithstanding anything in this subsection to the contrary,
the provisions of §§ 19-4-1405(f), 19-4-1413, 19-11-801, 22-9-101,
22-9-103, 22-9-104, 22-9-212, 22-9-213, § 22-9-301 et seq., § 22-9-401
et seq., § 22-9-501 et seq., § 22-9-601 et seq., and § 22-9-701 et seq.
shall remain in full force and effect and shall not be affected by this
section.
41 ACCOUNTING AND BUDGETARY PROCEDURES 19-4-1416
History. Acts 2001, No. 1626, § 1
2003, No. 364, § 7; 2003, No. 1315, § 2
2005, No. 859, § 3; 2009, No. 193, § 5
2009, No. 605, § 18; 2009, No. 606, § 18
compliance with State Law."
Amendments. The 2009 amendment
by No. 193 inserted "22-9-212" in
(h)(6)(B)(iii).
2009 No. 1405, § 26 The 2 009 amendment by identical acts
s t ^H^ro^ur^ON 2 t£ Nos ' 605 and 606 inserted " and the Arkan "
§ 7, provided. CONSTRUCTION. The sag L Commission" in (b)(5), and
Board of Trustees of Henderson State Uni- , , J , , ,
versity shall be included as an exempt m ^f o^!f change ^
institution related to projects exceeding The f009 amendment by No 1405 sub-
five million dollars ($5,000,000) provided stituted Board of Trustees of the Umver-
that the institution shall have adopted sity of Arkansas, the Board of Trustees of
policies and procedures involving the Arkansas State University, and the Ar-
awarding and oversight of the contracts kansas Lottery Commission" for "institu-
for design and construction services in tions shall" in (b)(5).
CASE NOTES
Constitutionality. to be let without competitive bidding in
Arkansas Constitution, Art. 19, § 16, certain circumstances, were not unconsti-
applied only to county contracts. There- tutional under § 16. Gatzke v. Weiss, 375
fore, Ark. Code Ann. § 19-4-1413 and this Ark. 207, 289 S.W.3d 455 (2008).
section, which allowed for state contracts
19-4-1416. Job order contracting.
(a) As used in this section:
(1) "Job order contracting" means the acquisition of contracting
services using a selection method that requires contractors to submit
qualifications and prices based on wage rates inclusive of fringes and
burden, plus a pricing matrix for markups on materials and subcon-
tractors; and
(2)(A) "On-call contracting" means the ability of the state agency or
institution of higher education to continue to call upon the successful
bidder to conduct additional construction services as required by the
state agency or institution of higher education.
(B) The contractor shall be required to bid all subcontractor work
and the state agency or the institution of higher education shall
receive and open the bids with the contractor present at bid opening
date.
(b) The state agency or the institution of higher education may
supply all materials for the work with no additional markup if the
materials may be purchased off state contracts at a lesser price than the
contractor would be able to procure.
(c)(1)(A) After a state agency or institution of higher education has
prepared appropriate scope documents and achieved appropriate
reviews, it shall advertise for bids and award and file contracts for the
contemplated work as identified in §§ 19-4-1401 — 19-4-1405.
(B) Additional work may be awarded based upon the initial bid
within the fiscal year.
(2)(A) The bidder may not submit a multiplier representing esti-
mated cost inflation as part of the formal bid process.
(B) The bid will represent the fixed price amount for the fiscal year.
19-4-1416 PUBLIC FINANCE 42
(3) The most qualified bidder offering the best value for the state
agency or the institution of higher education shall be selected to
perform the construction services identified in the construction specifi-
cations.
(d)(1) Job order contracting bid awards:
(A) Shall not extend beyond one (1) fiscal year; and
(B) Shall not exceed:
(i) Four hundred thousand dollars ($400,000) per construction job
for the first year of the contract for state agencies and institutions of
higher education with education and general appropriations begin-
ning in the 2009 fiscal year and each fiscal year thereafter equal or
exceeding ten million dollars ($10,000,000); and
(ii) One hundred thousand dollars ($100,000) per construction job
for state agencies or institutions of higher education with education
and general appropriations beginning in the 2009 fiscal year and
each fiscal year thereafter of less than ten million dollars
($10,000,000).
(2) However, reasonable extensions may be granted at the beginning
of each new fiscal year not to exceed a total of four (4) years, if:
(A) The price remains mutually agreeable to the state agency or
the institution of higher education and the contractor; and
(B) The quality of the work is satisfactory to the state agency or
the institution of higher education.
(3) On or before the four-year threshold, the state agency or the
institution of higher education shall bid the construction service to
assure competitive opportunities and lowest cost circumstances.
(e)(1) Executed counterparts of a contract entered into by a state
agency with respect to job order projects shall be approved by and filed
with the Arkansas Building Authority before the issuance of any
vouchers making payments under the contract.
(2)(A) The boards of trustees of the University of Arkansas, Arkansas
State University, University of Central Arkansas, Henderson State
University, Arkansas Tech University, and Southern Arkansas Uni-
versity are exempt from the requirements of this section regarding
the approval and filing of the contracts with the authority.
(B)(i) With the exception of those boards of trustees listed in
subdivision (e)(2)(A) of this section, the governing board of a public
institution of higher education is exempt from filing the contracts
with the authority if it receives the approval of the Department of
Higher Education.
(ii) Before granting approval, the department shall review and
approve the policies and procedures regarding bidding and construc-
tion of capital improvement projects as adopted by the governing
board of the public institution of higher education.
(3) A public institution of higher education that is exempt under this
section may enter into an agreement with the authority to file its
contracts with the authority.
43
ACCOUNTING AND BUDGETARY PROCEDURES 19-4-1416
History. Acts 2003, No. 1476, § 1;
2009, No. 193, § 6; 2009, No. 206, § 1.
Amendments. The 2009 amendment
by No. 193 added (e) and made minor
stylistic changes.
The 2009 amendment by No. 206, in (d),
redesignated (d)(1), substituted "Four
hundred thousand dollars ($400,000)" for
"three hundred thousand dollars
($300,000)" in (d)(l)(B)(i), substituted "be-
ginning in the 2009 fiscal year and each
fiscal year thereafter" for "for the 2003
fiscal year" in (d)(l)(B)(i) and (d)(l)(B)(ii),
inserted "state" in (d)(l)(B)(ii) and (d)(3),
and made related and stylistic changes.
Subchapter 16 — Salaries and Payroll Disbursement
SECTION.
19-4-1602. Payroll deductions.
19-4-1612. Overtime pay.
A.C.R.C. Notes. Acts 2011, No. 1103,
§73, provided: "TRANSFER PROCE-
DURES — PER DIEM MATCHING. If
there is not sufficient appropriation, from
funds deposited in the State Treasury or
Cash Accounts of an agency, for personal
services, or personal services matching for
any state agency for the period ending
June 30, 2012, for State agencies that
process payroll through the Arkansas Ad-
ministrative Statewide Information Sys-
tem for federal and state tax reporting as
necessary to comply with the payment of
stipends under United States Internal
Revenue Code (IRC), 2001-Code-Vol, Sec
3401 and Treasury Regulations
§31.3401(c)-l(a) and §1.1402(c)-2(b), and
others which govern the reporting of in-
come and payment of withholding and
matching taxes for personal services, the
agency shall request a transfer from ap-
propriation provided for Personal Services
and Personal Services Matching in the
appropriation for Various State Agencies
— U.S. IRC and Treasury Regulations
herein, from the Chief Fiscal Officer of the
State, stating clearly the amounts re-
quired for each item. Upon approval of the
Chief Fiscal Officer of the State, the State
Auditor shall be notified as to the amount
and the purposes for which the appropria-
tion is to be made and such appropriation
as needed shall be established upon the
books of the Department of Finance and
Administration and the State Auditor.
Provided, however, that in the event the
total amount of transfer requested in any
fiscal year exceeds Ten Thousand Dollars
($10,000), the Chief Fiscal Officer of the
State shall seek prior review by the Ar-
kansas Legislative Council or Joint Bud-
get Committee before the transfer shall be
made.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Acts 2011, No. 1103, § 74, provided:
"POSITION ESTABLISHMENT. The
Chief Fiscal Officer of the State shall have
the authority to establish such positions
as necessary for State agencies to process
payroll through the Arkansas Administra-
tive Statewide Information System for
federal and state tax reporting purposes
as necessary to comply with the United
States Internal Revenue Code (IRC),
2001-Code-Vol, Sec 3401 and Treasury
Regulations §31.3401(c)-l(a) and
§1.1402(c)-2(b), and others which govern
the reporting of income and payment of
withholding and matching taxes for per-
sonal services. The positions established
shall not be considered as part of the total
number of authorized positions for an
agency and shall only be considered as
placeholders for payments to individuals
who are board or commission members or
elected officials of the State that do not
otherwise receive salaries or wages as
defined in §19-4-521 for their personal
services. Further, none of the positions
established under this section shall imply
eligibility for state retirement or state
health insurance benefits. The establish-
ment of such positions shall not exceed
250 positions in any fiscal year."
Effective Dates. Acts 2009, Nos. 605
and 606, § 27: Mar. 25, 2009. Emergency
clause provided: "It is found and deter-
mined by the General Assembly of the
19-4-1602 PUBLIC FINANCE 44
State of Arkansas that the people of the implement lottery-funded scholarships as
State of Arkansas overwhelmingly ap- soon as possible. Therefore, an emergency
proved the establishment of lotteries at i s declared to exist and this act being
the 2008 General Election; that lotteries immediately necessary for the preserva-
will provide funding for scholarships to tion of the public peace> health> and safety
the citizens of this state; that the failure shall become effective on: (1) The date of
to immediate y implement this act will ftg j b ^ Gov (2) If the bm
cause a reduction in lottery proceeds that . .,, J , ' , , , ,
will harm the educational and economic » neither approved nor vetoed by the
success of potential students eligible to Governor, the expiration of the period of
receive scholarships under the act; and time during which the Governor may veto
that the state lotteries should be imple- the bill; or (3) If the bill is vetoed by the
mented as soon as possible to effectuate Governor and the veto is overridden, the
the will of the citizens of this state and date the last house overrides the veto."
19-4-1602. Payroll deductions.
(a) Deductions from the payrolls of state employees, both regular and
extra help, are authorized only for the following purposes:
(1) Withholding taxes;
(2) Social security contributions;
(3) Contributions to any state retirement system or approved plan of
deferred compensation;
(4)(A) Group hospital, medical, and life insurance deductions.
(B) However, any payroll deductions through the Arkansas state
mechanized payroll system for state employees for coverages other
than the state-authorized plan shall be approved by the State and
Public School Life and Health Insurance Board;
(5) Payments to state employees' credit unions;
(6) Value of maintenance perquisites;
(7) Payment of union dues, when requested in writing by state
employees;
(8) Purchase of United States Government savings bonds;
(9) Arkansas State Employees Association dues, when requested in
writing by those state employees;
(10) Fees for participation in the State Employees Benefit Corpora-
tion, when requested in writing by those state employees;
(11) Contributions to a major federated fund-raising organization,
when authorized by those state employees;
(12) Arkansas State Police Association dues, when authorized in
writing by those state employees;
(13) Fraternal Order of Police dues, when requested in writing by
those state employees;
(14) Central Arkansas State Troopers Coalition dues, when autho-
rized in writing by those state employees;
(15) Arkansas Rehabilitation Association dues, when authorized in
writing by those state employees;
(16) Correctional Peace Officers Foundation dues, when authorized
in writing by those state employees;
45
ACCOUNTING AND BUDGETARY PROCEDURES 19-4-1604
(17) Department of Correction Employees Association dues, when
requested in writing by those employees;
(18) American Association of University Professors dues, when re-
quested in writing by those employees;
(19) Arkansas Association of Correctional Employees Trust dues,
when requested in writing by those employees;
(20) Department of Correction Bus Pool dues, when requested in
writing by those employees;
(2 1)( A) Arkansas Tax-Deferred Tuition Savings Program under the
Arkansas Tax-Deferred Tuition Savings Program Act, § 6-84-101 et
seq., or a tax-deferred savings program established by another state
under 26 U.S.C. § 529, as it existed on January 1, 2007.
(B) The tax-deferred savings plan must be in existence at the time
the payroll deduction request is made.
(C) The state employee shall provide information on his or her
Arkansas Tax-Deferred Tuition Savings Program account to the
Department of Finance and Administration so that the payroll
deduction can be credited to the appropriate account; and
(22) For such other purposes as are specifically authorized by law but
not enumerated in this subsection.
(b) If a state employee authorizes in writing the payroll deduction of
dues of any union or professional association representing the em-
ployee, the agency shall deduct the dues from the payroll of the
employee and remit the dues to the organization.
(c) Deductions authorized by this section shall be made in compli-
ance with rules, regulations, and procedures established by the Chief
Fiscal Officer of the State.
History. Acts 1973, No. 876, § 23
1975, No. 881, § 1; 1981, No. 251, § 1
1983, No. 164, § 1; A.S.A. 1947, § 13-349
Acts 1987, No. 18, § 1; 1987, No. 646, § 3
1989, No. 506, § 1; 1995, No. 1122, § 1
1997, No. 747, § 1; 2001, No. 166, § 1
2003, No. 1795, § 1; 2009, No. 368, § 1
2011, No. 702, § 1.
Amendments. The 2009 amendment,
in (a), made a minor stylistic change in
(a)(17), inserted (a)(19) and (a)(20), redes-
ignated the subsequent subdivision ac-
cordingly, and made related changes.
The 2011 amendment inserted present
(21) and redesignated former (21) as (22).
19-4-1604. Salary from two agencies.
CASE NOTES
Withdrawal.
On appeal of defendant's conviction for
capital murder, the public defender was
entitled to be relieved as counsel because
he was ineligible to receive compensation
for his work on appeal under subdivision
(b)(2)(B) of this section. Page v. State, 373
Ark. 193, 282 S.W.3d 813 (2008).
Cited: Kelley v. State, 2010 Ark. 229,
— S.W.3d — (2010).
19-4-1612 PUBLIC FINANCE 46
19-4-1612. Overtime pay.
(a) It is the policy of the State of Arkansas that overtime pay for state
employees is the least desirable method of compensation for overtime
work.
(b)(1) All state departments, agencies, boards, commissions, and
institutions may pay overtime to its employees, under the rules and
regulations set out by the federal Fair Labor Standards Act.
(2)(A) The Chief Fiscal Officer of the State will specify those specific
employees or groups of employees other than employees of the
Arkansas State Highway and Transportation Department and the
Arkansas Lottery Commission eligible to receive overtime compen-
sation, the circumstances under which overtime pay is to be allowed,
and such other matters which the Chief Fiscal Officer of the State
may deem appropriate and necessary to comply with the federal Fair
Labor Standards Act as regards the payment of overtime compensa-
tion.
(B) The Director of State Highways and Transportation shall make
these determinations as to employees of the Arkansas State Highway
and Transportation Department.
(C) The Director of the Arkansas Lottery Commission shall make
these determinations as to employees of the Arkansas Lottery Com-
mission.
(c) The rules and regulations authorized by this section shall not go
into effect until the Chief Fiscal Officer of the State, or the Arkansas
State Highway and Transportation Department as to its employees, has
sought the advice of the Legislative Council.
(d) In the event that the federal Fair Labor Standards Act is held, for
whatever reason, to be nonapplicable to state employment, then any
state department, agency, board, commission, or institution may pay
overtime to its employees only if the General Assembly has given
authorization by an appropriation.
History. Acts 1973, No. 876, § 23; 1976 Amendments. The 2009 amendment
(Ex. Sess.), No. 1, § 1; 1977, No. 118, § 1; by identical acts Nos. 605 and 606 in-
1985, No. 820, § 1; A.S.A. 1947, § 13-349; serted "and the Arkansas Lottery Corn-
Acts 2009, No. 605, § 19; 2009, No. 606, mission" in (b)(2)(A), and inserted
§ 19. (b)(2)(C).
CHAPTER 5
REVENUE STABILIZATION LAW
subchapter
2. Funds and Accounts Generally.
3. General Revenue Operating Funds and Fund Accounts.
4. Distribution of General Revenues.
5. Budget Stabilization Trust Fund.
9. Trust Funds.
10. Miscellaneous Funds.
11. Trust Funds Continued. .
47
REVENUE STABILIZATION LAW
Subchapter
12. Miscellaneous Funds Continued.
Subchapter 2 — Funds and Accounts Generally
section.
19-5-205. Constitutional Officers Fund
and State Central Services
Fund.
Effective Dates. Acts 2010, No. 262,
§ 17: July 1, 2010. Emergency clause pro-
vided: "It is hereby found and determined
by the General Assembly of the State of
Arkansas that changes in the state's fiscal
laws must take effect at the beginning of
the fiscal year, that the effectiveness of
this act on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval, is essen-
tial to the operation of the agencies for
which allocations in this act are provided,
and the delay in the effective date of this
act beyond July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval, could
work irreparable harm upon the proper
administration and provision of essential
government programs. Therefore, an
emergency is declared to exist and this act
being necessary for the preservation of the
public peace, health, and safety shall be-
come effective on July 1, 2010, with the
exception that Section 15 in this Act shall
be in full force and effect from and after
the date of its passage and approval."
Acts 2010, No. 296, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2011, No. 1136, § 3: Apr. 4, 2011.
Emergency clause provided: "It is found
and determined by the General Assembly
of the State of Arkansas that failure to
fully finance the expenditures and obliga-
tions of the State Central Services Fund
could work irreparable harm on the
proper administration and provision of
essential government programs. There-
fore, an emergency is declared to exist,
and this act being immediately necessary
for the preservation of the public peace,
health, and safety shall become effective
on: (1) The date of its approval by the
Governor; (2) If the bill is neither ap-
proved nor vetoed by the Governor, the
expiration of the period of time during
which the Governor may veto the bill; or
(3) If the bill is vetoed by the Governor
and the veto is overridden, the date the
last house overrides the veto."
19-5-205 PUBLIC FINANCE 48
19-5-205. Constitutional Officers Fund and State Central Ser-
vices Fund.
(a) The elected constitutional officers and their departments of
government as established by the Arkansas Constitution and certain
state departments and employees of state departments are known and
recognized as performing and rendering, either individually or collec-
tively, services to every other state agency. The General Assembly
declares that the services rendered are embraced under or by one (1) or
more of the items or agencies as follows:
(1) Services rendered by the legislative, judicial, and executive
departments of the state as recognized by the Arkansas Constitution;
(2) Services rendered by the Chief Fiscal Officer of the State for
management of the state's resources relating to general fiscal affairs,
administering the budget, accounting, purchasing, personnel, and other
applicable fiscal laws; and
(3) Those agencies supported from the State Central Services Fund,
which collect the general revenue and special revenues as denned in the
Revenue Classification Law, § 19-6-101 et seq., or such other laws as
may be enacted by the General Assembly.
(b)(1) Those departments and activities of the state which perform
the services as set out in subdivision (a)(1) of this section are declared
to be the following:
(A) The General Assembly, including State Capitol renovation of
the General Assembly quarters, Senate and House of Representatives
legislative session staff, interim expenses incurred by members of the
Senate and House of Representatives, and the appropriations con-
tained in the general appropriation bill made for services of the
General Assembly;
(B) The Governor;
(C) The Lieutenant Governor;
(D) The Secretary of State;
(E) The Attorney General;
(F) The Treasurer of State;
(G) The Commissioner of State Lands;
(H) The Auditor of State;
(I) The Supreme Court;
(J) The Court of Appeals; and
(K) The circuit courts and prosecuting attorneys.
(2) Those agencies and activities of the state which perform the
services as set out in subdivisions (a)(2) and (3) of this section are
declared to be the following:
(A) Senate and House of Representatives interim staff;
(B) The Bureau of Legislative Research, and interim committee
and interim committee study expenses of the Legislative Council;
(C) The Division of Legislative Audit;
(D) Grants and contributions for the Commission on Interstate
Cooperation [abolished] ;
49 REVENUE STABILIZATION LAW 19-5-205
(E) The Secretary of State;
(F) Office of Administrative Services of the Department of Finance
and Administration and Revenue Division of the Department of
Finance and Administration;
(G) The Administrative Office of the Courts;
(H) The Office of the Prosecutor Coordinator;
(I) The Arkansas Governor's Mansion Commission;
(J) The Arkansas State Claims Commission; and
(K) Other activities supporting the legislative, executive, and
judicial departments.
(c)(1)(A) There is established on the books of the Treasurer of State,
the Auditor of State, and the Chief Fiscal Officer of the State a fund
to be known as the "Constitutional Officers Fund", there to be used
for the maintenance, operation, and improvements of those depart-
ments and activities as set out in subdivision (b)(1) of this section
unless specific and separate funds are otherwise provided therefor.
(B) The Constitutional Officers Fund shall consist of:
(i) One- third (V3) of the amount produced from the three percent
(3%) deduction from the net general revenue deposited into the State
Treasury;
(ii) One-third (V3) of the amount produced from the three percent
(3%) deduction from the net special revenues collected and deposited
into the State Treasury by the agencies set out in subsection (b) of
this section; and
(iii) One-third (Vz) of the amount produced from the one and
one-half percent (1.5%) deduction from the net special revenues
collected and deposited into the State Treasury by any other state
agency, department, board, commission, or institution.
(C)(i) Any balance which remains in the Constitutional Officers
Fund at the end of a fiscal year which exceeds seven percent (7%) of
the appropriations funded from the Constitutional Officers Fund for
the fiscal year just ended or which is estimated to be available for the
fiscal year may be transferred from time to time to the State Central
Services Fund for use in the next fiscal year.
(ii) If the funds transferred to the State Central Services Fund are
based on an estimated balance which is less than the actual balance
on June 30, the difference shall be transferred to the State Central
Services Fund on or before August 1.
(iii) If the funds transferred to the State Central Services Fund are
based on an estimated balance which is higher than the actual
balance on June 30, the difference shall be transferred from the State
Central Services Fund to the Constitutional Officers Fund on or
before August 1.
(2) The Constitutional Officers Fund shall also be used to allow the
payment of claims for judges due to overpayments into the Arkansas
Judicial Retirement System prior to the enactment of §§ 24-6-204 and
24-8-201 — 24-8-211 by transfer to the Judges Retirement Fund in such
amounts as may be appropriated by the General Assembly.
19-5-205 PUBLIC FINANCE 50
(d)(1) Facts before the General Assembly drawn from statistical
computations, comparisons, and related data, taken over a period of
many years in the past, are conclusive of the proposition that the cost
of the services rendered by the agencies set out in subsection (b) of this
section have amounted to not less than three percent (3%) of the total
general revenues and special revenues as denned in the Revenue
Classification Law of Arkansas, § 19-6-101 et seq.
(2) It is therefore declared to be the policy of the State of Arkansas
that every agency supported in whole or in part from the general
revenues or special revenues deposited into the State Treasury shall
contribute to the support of the services rendered by the agencies set
out in subsection (b) of this section.
(3) The purposes for which the taxes, licenses, or fees and other
income defined to be general revenues or special revenues are raised
and collected shall be deemed to include the services as defined in this
section.
(e)(1)(A) There is established on the books of the Treasurer of State,
the Auditor of State, and the Chief Fiscal Officer of the State a fund
to be known as the "State Central Services Fund", there to be used for
the maintenance, operation, and improvements of those agencies and
activities as set out in subdivision (b)(2) of this section unless specific
and separate funds are otherwise provided therefor.
(B) The State Central Services Fund shall consist of:
(i) Those special revenues as specified in § 19-6-301(9), (11), (19),
(21), (37), (75), (76), (77), (78), (79), (82), (83), (84), (85), (86), (87), (88),
(89), (91), (96), (116), (118), (120), (124), (149), (188), (231), and (243),
and eight percent (8%) of those special revenues as set out in
§ 19-6-301(20) of the Revenue Classification Law, § 19-6-101 et seq.;
(ii) The amount produced from the deduction from the net general
revenues deposited into the State Treasury;
(iii) The amount produced from the deduction from the net special
revenues collected and deposited into the State Treasury by the
agencies set out in subsection (b) of this section;
(iv) The amount produced from the deduction from the net special
revenues collected and deposited into the State Treasury by any other
state agency, department, board, commission, or institution;
(v) All earnings and income collected by any of those agencies set
out in subsection (b) of this section;
(vi) Funds received from federal funds on account of indirect cost
reimbursement collected under a statewide indirect cost allocation
plan and paid to any of the agencies set out in subsection (b) of this
section;
(vii) Any other funds received from the federal government
granted specifically to the agencies as set out in subsection (b) of this
section, unless otherwise required by the grantor federal agency;
(viii) Interest earned on Social Security trust funds which are
remitted to the Arkansas Public Employees' Retirement System and
held in banks until transmitted to the federal Social Security Admin-
istration;
51 REVENUE STABILIZATION LAW 19-5-205
(ix) Reimbursements by transfer from the Ad Valorem Tax Fund
on account of expenditures made to the Division of Legislative Audit;
(x) Such general revenues as may be provided by the General
Assembly;
(xi) One and one-half percent (1.5%) of those cash funds of those
state agencies as denned in § 19-5-206;
(xii) Such fund balances as may exist on June 30, 1995, in the
Public Defender Fund of the State Treasury and all such funds as
may accrue to and be transferred from the Public Defender Fund by
the Treasurer of State on the last day of each month;
(xiii) Moneys transferred or deposited from the State Administra-
tion of Justice Fund for the benefit of the Arkansas Public Defender
Commission;
(xiv) Public defender attorney's fees to be used solely to defray
costs for the Arkansas Public Defender Commission as set out in
§ 5-4-303(i)(2)(A);
(xv) Public defender user fees to be used to defray the costs of the
public defender system, § 16-87-213;
(xvi) That portion of nonrefundable fees charged by bail bond
companies for the Arkansas Public Defender Commission, § 17-19-
301(e); and
(xvii) The first one hundred thousand dollars ($100,000) collected
in taxes and penalties under § 26-26-1614 and deposited as nonrev-
enue receipts during each fiscal year for use by the Revenue Division
of the Department of Finance and Administration, § 26-26-1616.
(2) If required to help meet the commitments of the State Central
Services Fund and if funds are determined to be available, the Chief
Fiscal Officer of the State may transfer a sum not to exceed four million
dollars ($4,000,000) during any fiscal year from the Budget Stabiliza-
tion Trust Fund to the State Central Services Fund.
(3)(A) After all other deductions and transfers from other sources
authorized by law have been made available to the State Central
Services Fund, the Chief Fiscal Officer of the State shall transfer
such additional amounts as may be required from the General
Revenue Fund Account to the State Central Services Fund to fully
finance the expenditures and obligations from the appropriations set
out in this section.
(B)(i) The amount of the transfer shall be determined by subtract-
ing the total of all estimated expenditures from the State Central
Services Fund from the total resources available to the State Central
Services Fund without a transfer of general revenue.
(ii) Then the result shall be multiplied by the proportion that the
estimated expenditures for the budgets as set out in subdivision
(e)(3)(C) of this section bears to the total of all the estimated
expenditures from the State Central Services Fund.
(iii) The product shall be the amount of general revenue required
to meet the expenditures and commitments of the agencies and
budget set out in subdivision (e)(3)(C) of this section.
19-5-205 PUBLIC FINANCE 52
(C) The appropriations to which this subdivision (e)(3) applies are
determined to be the:
(i) House of Representatives;
(ii) Senate;
(iii) Division of Legislative Audit of the Legislative Joint Auditing
Committee;
(iv) Bureau of Legislative Research;
(v) Bureau of Legislative Research — Disbursing Officer;
(vi) Court of Appeals;
(vii) Administrative Office of the Courts — Operations;
(viii) Supreme Court;
(ix) Governor;
(x) Lieutenant Governor;
(xi) Attorney General;
(xii) Auditor of State — Operations;
(xiii) Commissioner of State Lands;
(xiv) Secretary of State;
(xv) Treasurer of State;
(xvi) Department of Finance and Administration — Division of
Administrative Services:
(a) Director's Office;
(b) Director's Office — Office of Economic Analysis and Tax Re-
search;
(c) Office of Accounting;
(d) Office of Budget;
(e) Office of Personnel Management; and
(f) Office of Administrative Services — Office of Information Ser-
vices; and
(xvii) Department of Finance and Administration — Revenue
Division.
(D) The Chief Fiscal Officer of the State shall notify the disbursing
officers of the appropriations from the State Central Services Fund
not enumerated in subdivision (e)(3)(C) of this section of the amount
of their portion of any reduction required from their authorized
appropriations in order to maintain the fund with a projected positive
balance.
(E) In no event shall any funds or appropriations for that particu-
lar disbursing agency enumerated in subdivision (e)(3)(C) of this
section be affected if a deficit occurs in other State Central Services
Fund appropriations or funds not enumerated in subdivision (e)(3)(C)
of this section for that particular disbursing agency.
(4) [Expired.]
History. Acts 1973, No. 750, § 5; 1979, 1989, No. 629, § 1; 1991, No. 1135, § 1;
No. 1013, § 1; 1983, No. 392, § 2; 1983, 1995, No. 1021, § 1; 1995, No. 1163, §§ 1,
No. 801, § 3; 1985, No. 888, §§ 1, 2; 1985 2; 1997, No. 1248, §§ 1, 2; 1997, No. 1355,
(1st Ex. Sess.), No. 3, § 1; A.S.A. 1947, § 15; 1999, No. 904, § 16; 1999, No. 1463,
§§ 13-511, 13-511.1; Acts 1987, No. 945, § 1; 2001, No. 1646, § 1; 2003, No. 1022,
§ 3; 1987 (1st Ex. Sess.), No. 24, § 2; § 3; 2003 (1st Ex. Sess.), No. 55, §§ 1,26;
53
REVENUE STABILIZATION LAW
19-5-205
2005, No. 196, § 9; 2005, No. 2282, §§ 1,
2; 2005, No. 2316, §§ 1, 2; 2007, No. 1032,
§ 1; 2007, No. 1201, § 1; 2010, No. 262,
§ 1; 2010, No. 296, § 1; 2011, No. 1136,
§ 1.
A.C.R.C. Notes. Acts 2011, No. 1136,
§ 1, amended subdivision (e)(4) to read as
follows: "In lieu of the transfer require-
ments under this subsection, during the
biennial period ending June 30, 2011, to
balance the agency budgets to available
funding, the Chief Fiscal Officer of the
State may enforce budget reductions in
each agency that receives funding from
the State Central Services Fund in an
amount that each agency's proportionate
share of total estimated expenditures un-
der subdivision (e)(3)(B)(i) of this section
bears to the total estimated expendi-
tures."
Acts 2011, No. 1136, §2, provides:
"SUNSET PROVISION. The provisions of
this Act shall be in effect only from its
passage and approval through June 30,
2011."
Amendments. The 2010 amendment
by identical acts Nos. 262 and 296 in-
serted "(243)" in (e)(l)(B)(i).
The 2011 amendment rewrote (e)(4).
Subchapter 3 — General Revenue Operating Funds and Fund
Accounts
SECTION.
19-5-302. State General Government
Fund.
19-5-303. Institutions of higher education
funds.
19-5-304. Education Fund.
SECTION.
19-5-305. Public School Fund.
19-5-306. Department of Human Services
Fund.
19-5-307. Public Health Fund.
Effective Dates. Acts 2009, No. 1414,
§ 17: July 1, 2009. Emergency clause pro-
vided: "It is found and determined by the
General Assembly, that the Constitution
of the State of Arkansas prohibits the
appropriation of funds for more than a one
(1) year period; that the effectiveness of
this Act on July 1, 2009 is essential to the
operation of the agency for which the
appropriations in this Act are provided,
and that in the event of an extension of
the Regular Session, the delay in the
effective date of this Act beyond July 1,
2009 could work irreparable harm upon
the proper administration and provision
of essential governmental programs.
Therefore, an emergency is hereby de-
clared to exist and this Act being neces-
sary for the immediate preservation of the
public peace, health and safety shall be in
full force and effect from and after July 1,
2009."
Acts 2009, Nos. 1440 and 1441, § 11:
July 1, 2009. Emergency clause provided:
"It is hereby found and determined by the
General Assembly of the State of Arkan-
sas that changes in the state's fiscal laws
must take effect at the beginning of the
fiscal year, that if the current legislative
session is extended such that the 90 day
period is later than July 1, 2009 the
changes will not be timely. Therefore, an
emergency is declared to exist and this act
being immediately necessary for the pres-
ervation of the public peace, health, and
safety shall become effective on July 1,
2009."
Acts 2010, No. 262, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
19-5-302
PUBLIC FINANCE
54
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2010, No. 296, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2010, No. 297, § 8: July 1, 2010.
Emergency clause provided: "It is found
and determined by the General Assembly,
that the Constitution of the State of Ar-
kansas prohibits the appropriation of
funds for more than a one (1) year period;
that the effectiveness of this Act on July 1,
2010 is essential to the operation of the
agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the legislative
session, the delay in the effective date of
this Act beyond July 1, 2010 could work
irreparable harm upon the proper admin-
istration and provision of essential gov-
ernmental programs. Therefore, an emer-
gency is hereby declared to exist and this
Act being necessary for the immediate
preservation of the public peace, health
and safety shall be in full force and effect
from and after July 1, 2010."
Acts 2011, No. 1095, § 18: July 1, 2011.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that if the current legislative session
is extended such that the 90 day period is
later than July 1, 2011 the changes will
not be timely. Therefore, an emergency is
declared to exist, and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on July 1, 2011."
Acts 2011, No. 1115, § 18: July 1, 2011.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that if the current legislative session
is extended such that the 90 day period is
later than July 1, 2011 the changes will
not be timely. Therefore, an emergency is
declared to exist, and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on July 1, 2011."
19-5-302. State General Government Fund.
The State General Government Fund shall consist of the following
fund accounts and funds made available for the support of the various
departments of government as set out below and shall be used for the
same purposes as set out for the following fund accounts:
(1)(A) Department of Correction Inmate Care and Custody Fund
Account. The Department of Correction Inmate Care and Custody
Fund Account shall be used for the maintenance, operation, and
improvement of the Department of Correction required in carrying
55 REVENUE STABILIZATION LAW 19-5-302
out those powers, functions, and duties relating to nonfarm or
crop-producing programs as established by law.
(B) The Department of Correction Inmate Care and Custody Fund
Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
inmate care and custody program;
(hi) Excess farm profits as may be provided by law; and
(iv) Any other funds provided by law;
(2)(A) State Military Department Fund Account. The State Military
Department Fund Account shall be used for the maintenance, opera-
tion, and improvement of the State Military Department required in
carrying out the powers, functions, and duties as set out in § 12-60-
101 et seq., or other duties imposed by law upon the State Militia,
State Military Department, and the Arkansas Wing of the Civil Air
Patrol, which was separated from the Department of Public Safety by
Acts 1981, No. 45, §§ 4 and 5.
(B) The State Military Department Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
department; and
(iii) Any other funds as may be provided by law.
(C) Federal reimbursement funds received on account of eligible
expenditures by the State Militia or the State Military Department
shall be deposited into the Special Military Fund established on the
books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State, there to be used as may be provided by law;
(3)(A) Parks and Tourism Fund Account. The Parks and Tourism Fund
Account shall be used for the maintenance, operation, and improve-
ment required by the Department of Parks and Tourism as created by
§ 25-13-101, or other duties imposed by law upon the Department of
Parks and Tourism, the State Parks, Recreation, and Travel Com-
mission, the Prairie Grove Battlefield State Park Advisory Commis-
sion, the Arkansas History Commission, or upon any state park of
Arkansas.
(B) The Parks and Tourism Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
various divisions of the Department of Parks and Tourism; and
(iii) Any other funds that may be provided by law.
(C) Funds received by the various state parks under the direction
of the Department of Parks and Tourism which are not required to be
deposited into the State Treasury shall be deposited into banks, there
to be disbursed as may be appropriated by the General Assembly or
to be used as may be otherwise provided by law;
(4)(A) Arkansas Department of Environmental Quality Fund Account.
The Arkansas Department of Environmental Quality Fund Account
shall be used for the maintenance, operation, and improvement
19-5-302 PUBLIC FINANCE 56
required by the Arkansas Department of Environmental Quality in
carrying out the powers, functions, and duties as set out in Title 8,
Chapters 1-10, or other duties imposed by law upon the Arkansas
Pollution Control and Ecology Commission which were transferred to
the Arkansas Department of Environmental Quality under the pro-
visions of § 25-14-101.
(B) The Arkansas Department of Environmental Quality Fund Ac-
count shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Such funds received from the Arkansas State Game and Fish
Commission and from the Oil and Gas Commission as may be
provided by law;
(hi) Nonrevenue income derived from services provided by the
Arkansas Department of Environmental Quality; and
(iv) Any other funds provided by law;
(5)(A) Arkansas Economic Development Commission Fund Account. The
Arkansas Economic Development Commission Fund Account shall be
used for the maintenance, operation, and improvement required by
the Arkansas Economic Development Commission and the Arkansas
Economic Development Council in carrying out the powers, functions,
and duties as set out in §§ 15-4-101, 15-4-102, 15-4-201 — 15-4-204,
15-4-206, 15-4-209 — 15-4-212, 15-4-501 — 15-4-524, and 15-10-201
— 15-10-206, or other duties imposed by law upon the Arkansas
Economic Development Commission or the Arkansas Energy Office.
(B) The Arkansas Economic Development Commission Fund Ac-
count shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services performed by the
various divisions of the Arkansas Economic Development Council;
and
(hi) Any other funds that may be provided by law;
(6)(A) Department of Higher Education Fund Account. The Depart-
ment of Higher Education Fund Account shall be used for the
maintenance, operation, and improvement required by the Depart-
ment of Higher Education in carrying out the duties imposed by law
upon the Arkansas Higher Education Coordinating Board or the
Commission on Coordination of Educational Finance, which was
transferred to the Arkansas Higher Education Coordinating Board
and to the Department of Higher Education, under the provisions of
§ 25-7-101.
(B) The Department of Higher Education Fund Account shall
consist of:
(i) Those general revenues as may be provided by law;
(ii) Federal reimbursement on account of eligible expenditures
made by the Department of Higher Education;
(hi) Nonrevenue income derived from services provided by the
Department of Higher Education; and
(iv) Any other funds provided by law;
57 REVENUE STABILIZATION LAW 19-5-302
(7)(A) Department of Labor Fund Account. The Department of Labor
Fund Account shall be used for the maintenance, operation, and
improvement required by the Department of Labor in carrying out
those powers, functions, and duties imposed by law upon the Director
of the Department of Labor or the Department of Labor, or upon the
State Mine Inspector as set out in § 11-7-201 et seq., or any other
duties that may be imposed by law upon the Department of Labor
which was transferred to the Department of Labor by § 25-12-101.
(B) The Department of Labor Fund Account shall consist of:
(i) Those general revenues as may be provided by law; and
(ii) Any other funds as may be provided by law, including federal
reimbursement received on account of eligible expenditures by the
various programs of the Department of Labor operating from and
having appropriations made payable from the fund account;
(8)(A) Livestock and Poultry Fund Account. The Livestock and Poul-
try Fund Account shall be used for the maintenance, operation, and
improvement of the Arkansas Livestock and Poultry Commission,
which was separated from the Department of Commerce by Acts
1981, No. 867, § 1, in carrying out the functions, powers, and duties
as set out in § 2-33-101 et seq., or other duties imposed by law upon
the Arkansas Livestock and Poultry Commission.
(B) The Livestock and Poultry Fund Account shall consist of:
(i) Those general revenues as may be provided by law; and
(ii) Any other funds provided by law;
(9)(A) Miscellaneous Agencies Fund Account. The Miscellaneous
Agencies Fund Account may be used for the state's membership in
regional or national associations, grants to certain organizations, and
maintenance, operations, and improvements of appropriation units
as may be authorized by the General Assembly.
(B) The Miscellaneous Agencies Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
various agencies and programs funded from the Miscellaneous Agen-
cies Fund Account;
(hi) Federal reimbursement received on account of eligible expen-
ditures of the various agencies and programs receiving primary
support from the Miscellaneous Agencies Fund Account;
(iv) Those special revenues as specified in subdivision (233) and
that portion of subdivision (201) in § 19-6-301 of the Revenue
Classification Law, § 19-6-101 et seq.; and
(v) That portion of forfeited registration fees for beer kegs sold for
off-site consumption.
(C) If there are not sufficient funds available in the Miscellaneous
Agencies Fund Account to support the amounts appropriated from
the Miscellaneous Agencies Fund Account, the Chief Fiscal Officer of
the State shall determine the amount of moneys to be made available
for each of the appropriations made from the Miscellaneous Agencies
Fund Account, after having first provided full funding for all national
19-5-302 PUBLIC FINANCE 58
and regional association dues and ensured that the appropriations
made for the Arkansas State Highway and Transportation Depart-
ment for road and bridge repair and maintenance are funded pursu-
ant to the maximum funding allocation provided by law;
(10) Department of Arkansas Heritage Fund Account. The Department
of Arkansas Heritage Fund Account shall consist of those general
revenues as provided by law for the Department of Arkansas Heritage
and shall be used for the maintenance, operation, and improvement of
the Department of Arkansas Heritage;
(11)(A) Higher Education Grants Fund Account. The Higher Educa-
tion Grants Fund Account shall be used for the:
(i) State's contribution for tuition support for Arkansas students
attending out-of-state schools in dentistry, optometry, veterinary,
podiatry, osteopathy, and chiropractic; and
(ii) Disbursement of funds for the Arkansas Academic Challenge
Scholarship Program, and other various scholarship, loan, and grant
programs as authorized by law and administered by the Department
of Higher Education or other state agencies made disbursing agents
by the General Assembly from the Higher Education Grants Fund
Account.
(B) The Higher Education Grants Fund Account shall consist of
those general revenues and any other funds as may be provided by
law;
(12)(A) Department of Community Correction Fund Account. The De-
partment of Community Correction Fund Account shall be used for
the maintenance, operation, and improvement of the Department of
Community Correction required in carrying out those powers, func-
tions, and duties as established by law.
(B) The Department of Community Correction Fund Account shall
consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
probation, parole, and community correction program; and
(iii) Any other funds provided by law;
(13)(A) Higher Education Salary Distribution Fund Account. The
Higher Education Salary Distribution Fund Account shall be used for
the distribution of salary and cost-of-living adjustments to the
various institutions of higher education.
(B) The Higher Education Salary Distribution Fund Account shall
consist of those general revenues and any other funds as may be
provided by law;
(14)(A) Arkansas Agriculture Department Fund Account. The Arkan-
sas Agriculture Department Fund Account shall be used for the
maintenance, operation, and improvement required by the Arkansas
Agriculture Department in carrying out those powers, functions, and
duties imposed by law upon the Secretary of the Arkansas Agricul-
ture Department as set out in Title 25, Chapter 38, or any other
duties that may be imposed by law upon the Arkansas Agriculture
59 REVENUE STABILIZATION LAW 19-5-303
Department which were transferred to the Arkansas Agriculture
Department under the provisions of §§ 25-38-204 — 25-38-206.
(B) The Arkansas Agriculture Department Fund Account shall
consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
various divisions of the Arkansas Agriculture Department;
(hi) Federal reimbursement received on account of eligible expen-
ditures by the various programs of the Arkansas Agriculture Depart-
ment operating from and having appropriations made payable from
the fund account; and
(iv) Any other funds as may be provided by law.
History. Acts 1973, No. 750, § 6; 1975, A.C.R.C. Notes. Acts 2011, No. 1095,
No. 868, §§ 4-7; 1977, No. 955, §§ 7-11; § 11, provided: "Any funds appropriated
1979, No. 1115, §§ 2, 9; 1981, No. 938, by the Eighty-Eighth General Assembly
§§ 4-6; 1983, No. 801, § 9; 1985, No. 888, from the Department of Economic Devel-
§ 7;A.S.A. 1947, § 13-521; Acts 1989, No. opment Fund Account shall be deemed
629, §§ 2, 3, 9; 1993, No. 324, § 3; 1993, payable from the Arkansas Economic De-
No. 728, § 40; 1993, No. 911, § 10; 1993, velopment Commission Fund Account."
No. 953, § 16; 1993, No. 1073, § 1; 1995, UA Actf l 2 ° U ' No - 1115 > § n » Provided:
No. 158, § 22; 1995, No. 455, § 1; 1995, ^£ u fu * ds appropriated by the Eighty-
No. 1163, §§ 3-5, 28, 29; 1997, No. 156, El ^ hth ^ Asse ™ bly *° m ^ De ;
§ 3; 1997, No. 540, § 41; 1997, No. 1248, Partment of Economic Development Fund
t _ irkrkrt AT ~ An o rr, -.rv™ at Account shall be deemed payable from the
It 8 k QQQ N°'nt; ! VCi 1QQQ S°' ******* Economic Development Com-
?ooo § ^ )o ";£n xt 64 ' ! io^ L"o 9 ' on miSSi ° n Fund AcCOUUt."
1323, § 48; 1999, No. 1463, §§ 2, 29; Amendments. The 2010 amendment
1999, No. 1508, § 8; 2001, No. 577, § 2; added « and ensured... allocation provided
2001, No. 1646, §§ 2, 20; 2001, No. 1800, by law » at the end of (9)(C).
§ 3; 2003 (1st Ex. Sess.), No. 25, § 15; The 2011 amendment by acts Nos. 856,
2003 (1st Ex. Sess.), No. 55, § 24; 2005, 1095, and 1115 substituted "Arkansas
No. 2282, § 9; 2005, No. 2316, § 9; 2007, Economic Development Commission" for
No. 1032, §§ 2, 3; 2007, No. 1201, §§ 2, 3; "Department of Economic Development"
2010, No. 297, § 3; 2011, No. 856, §2; in two places in (5)(A) and in the introduc-
2011, No. 1095, § 1; 2011, No. 1115, § 1. tory language of (5)(B).
19-5-303. Institutions of higher education funds.
(a)(1) University of Arkansas Fund. There is established on the books
of the Treasurer of State, the Auditor of State, and the Chief Fiscal
Officer of the State a fund to be known as the "University of Arkansas
Fund".
(2) The University of Arkansas Fund shall be used for the mainte-
nance, operation, and improvement of the University of Arkansas,
including the Fayetteville campus, the Cooperative Extension Service,
the Arkansas Agricultural Experiment Stations, the Graduate Institute
of Technology, the Arkansas Archeological Survey, and for such other
related and miscellaneous programs as may be provided by law.
(3) The University of Arkansas Fund shall consist of:
(A) Those general revenues that may be provided by law;
(B) Those special revenues as set out in §§19-6-301(45), 19-6-
301(229), and 19-6-301(232); and
19-5-303 PUBLIC FINANCE 60
(C) Funds received from the Budget Stabilization Trust Fund as
authorized by § 19-5-501.
(b)(1) University of Arkansas Medical Center Fund. There is estab-
lished on the books of the Treasurer of State, the Auditor of State, and
the Chief Fiscal Officer of the State a fund to be known as the
"University of Arkansas Medical Center Fund".
(2) The University of Arkansas Medical Center Fund is to be used for
the maintenance, operation, and improvement of the University of
Arkansas for Medical Sciences and its various divisions and programs,
including the area health education centers and physician extender
programs.
(3) The University of Arkansas Medical Center Fund shall consist of:
(A) Those general revenues as may be provided by law;
(B) Those special revenues as set out in §19-6-301(224); and
(C) Any other funds made available for the support of the Univer-
sity of Arkansas for Medical Sciences which are required to be
deposited into the State Treasury.
(c)(1) University of Arkansas at Little Rock Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "University
of Arkansas at Little Rock Fund".
(2) The University of Arkansas at Little Rock Fund shall be used for
the maintenance, operation, and improvement of the Little Rock
campus of the University of Arkansas and its various divisions and
programs, including the Industrial Research and Extension Center.
(3) The University of Arkansas at Little Rock Fund shall consist of:
(A) Those general revenues as may be provided by law;
(B) Those special revenues as set out in § 19-6-301(229); and
(C) Any other funds made available for the support of the Univer-
sity of Arkansas at Little Rock which are required to be deposited into
the State Treasury by law.
(d)(1) University of Arkansas at Monticello Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "University
of Arkansas at Monticello Fund".
(2) The University of Arkansas at Monticello Fund shall be used for
the maintenance, operation, and improvement of the Monticello cam-
pus of the University of Arkansas and its various divisions, the
University of Arkansas at Monticello College of Technology-Crossett,
and the University of Arkansas at Monticello College of Technology-
McGehee.
(3) The University of Arkansas at Monticello Fund shall consist of:
(A) Those general revenues as may be provided by law;
(B) The June 30, 2003, balances in the Forest Echoes Technical
Institute Fund Account and the Great Rivers Comprehensive Life-
long Learning Center Fund Account; and
(C) Any other funds made available for the support of the Univer-
sity of Arkansas at Monticello which are required to be deposited into
the State Treasury by law.
61 REVENUE STABILIZATION LAW 19-5-303
(e)(1) University of Arkansas at Pine Bluff Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "University
of Arkansas at Pine Bluff Fund".
(2) The University of Arkansas at Pine Bluff Fund shall be used for
the maintenance, operation, and improvement of the Pine Bluff campus
of the University of Arkansas.
(3) The University of Arkansas at Pine Bluff Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of the Univer-
sity of Arkansas at Pine Bluff and its various divisions, including the
special teacher training program, which are required to be deposited
into the State Treasury by law.
(f)(1) Arkansas State University Fund. There is established on the
books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "Arkansas State
University Fund".
(2) The Arkansas State University Fund shall be used for the
maintenance, operation, and improvement of Arkansas State Univer-
sity.
(3) The Arkansas State University Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Arkansas
State University which are required to be deposited into the State
Treasury by law.
(g)(1) Arkansas State University — Beebe Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "Arkansas
State University — Beebe Fund".
(2) The Arkansas State University — Beebe Fund shall be used for
the maintenance, operation, and improvement of Arkansas State Uni-
versity-Beebe, including Arkansas State Technical Institute, Arkansas
State University-Searcy, and Arkansas State University-Heber
Springs.
(3) The Arkansas State University — Beebe Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Arkansas
State University-Beebe which are required to be deposited into the
State Treasury by law.
(h)(1) Arkansas Tech Undtersity Fund. There is established on the
books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "Arkansas Tech
University Fund".
(2) The Arkansas Tech University Fund shall be used for the main-
tenance, operation, and improvement of Arkansas Tech University.
(3) The Arkansas Tech University Fund shall consist of:
(A) Those general revenues as may be provided by law; and
19-5-303 PUBLIC FINANCE 62
(B) Any other funds made available for the support of Arkansas
Tech University which are required to be deposited into the State
Treasury by law.
(i)(l) Henderson State University Fund. There is established on the
books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "Henderson State
University Fund".
(2) The Henderson State University Fund shall be used for the
maintenance, operation, and improvement of Henderson State Univer-
sity, including the nursing program.
(3) The Henderson State University Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Henderson
State University which are required to be deposited into the State
Treasury by law.
(j)(D Southern Arkansas University Fund. There is established on the
books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "Southern
Arkansas University Fund".
(2) The Southern Arkansas University Fund shall be used for the
maintenance, operation, and improvement of Southern Arkansas Uni-
versity.
(3) The Southern Arkansas University Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Southern
Arkansas University and its programs which are required to be
deposited into the State Treasury by law.
(k)(l) University of Central Arkansas Fund. There is established on
the books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "University of
Central Arkansas Fund".
(2) The University of Central Arkansas Fund shall be used for the
maintenance, operation, and improvement of the University of Central
Arkansas.
(3) The University of Central Arkansas Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of the Univer-
sity of Central Arkansas which are required to be deposited into the
State Treasury by law.
(1)(1) University of Arkansas at Fort Smith Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "University
of Arkansas at Fort Smith Fund".
(2) The University of Arkansas at Fort Smith Fund shall be used for
the maintenance, operation, and improvement of the University of
Arkansas at Fort Smith.
(3) The University of Arkansas at Fort Smith Fund shall consist of:
(A) Those general revenues as may be provided by law; and
63 REVENUE STABILIZATION LAW 19-5-303
(B) Any other funds made available for the support of the Univer-
sity of Arkansas at Fort Smith which are required to be deposited into
the State Treasury by law.
(m)(l) North Arkansas College Fund. There is established on the
books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "North Arkansas
College Fund".
(2) The North Arkansas College Fund shall be used for the mainte-
nance, operation, and improvement of North Arkansas College.
(3) The North Arkansas College Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of North
Arkansas College which are required to be deposited into the State
Treasury by law.
(n)(l) East Arkansas Community College Fund. There is established on
the books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "East Arkansas
Community College Fund".
(2) The East Arkansas Community College Fund shall be used for
the maintenance, operation, and improvement of East Arkansas Com-
munity College.
(3) The East Arkansas Community College Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of East
Arkansas Community College which are required to be deposited into
the State Treasury by law.
(o)(l) Garland County Community College Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "Garland
County Community College Fund".
(2) The Garland County Community College Fund shall be used for
the maintenance, operation, and improvement of Garland County
Community College.
(3) The Garland County Community College Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Garland
County Community College which are required to be deposited into
the State Treasury by law.
(p)(l) Arkansas Northeastern College Fund. There is established on
the books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "Arkansas
Northeastern College Fund".
(2) The Arkansas Northeastern College Fund shall be used for the
maintenance, operation, and improvement of Arkansas Northeastern
College.
(3) The Arkansas Northeastern College Fund shall consist of:
(A) Those general revenues as may be provided by law; and
19-5-303 PUBLIC FINANCE 64
(B) Any other funds made available for the support of Arkansas
Northeastern College which are required to be deposited into the
State Treasury by law.
(q)(l) Phillips Community College of the University of Arkansas Fund.
There is established on the books of the Treasurer of State, the Auditor
of State, and the Chief Fiscal Officer of the State a fund to be known as
the "Phillips Community College of the University of Arkansas Fund".
(2) The Phillips Community College of the University of Arkansas
Fund shall be used for the maintenance, operation, and improvement of
Phillips Community College of the University of Arkansas, including
the Stuttgart and Dewitt campuses.
(3) The Phillips Community College of the University of Arkansas
Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Phillips
Community College of the University of Arkansas which are required
to be deposited into the State Treasury by law.
(r)(l) Rich Mountain Community College Fund. There is established on
the books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "Rich Mountain
Community College Fund".
(2) The Rich Mountain Community College Fund shall be used for
the maintenance, operation, and improvement of Rich Mountain Com-
munity College.
(3) The Rich Mountain Community College Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Rich
Mountain Community College, and which are required to be depos-
ited into the State Treasury by law.
(s)(l) Northwest Arkansas Community College Fund. There is estab-
lished on the books of the Treasurer of State, the Auditor of State, and
the Chief Fiscal Officer of the State a fund to be known as the
"Northwest Arkansas Community College Fund".
(2) The Northwest Arkansas Community College Fund shall be used
for the maintenance, operation, and improvement of Northwest Arkan-
sas Community College.
(3) The Northwest Arkansas Community College Fund shall consist
of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Northwest
Arkansas Community College, and which are required to be depos-
ited into the State Treasury by law.
(t)(l) South Arkansas Community College Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "South
Arkansas Community College Fund".
(2) The South Arkansas Community College Fund shall be used for
the maintenance, operation, and improvement of South Arkansas
Community College.
65 REVENUE STABILIZATION LAW 19-5-303
(3) The South Arkansas Community College Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of South
Arkansas Community College which are required to be deposited into
the State Treasury by law.
(u)(l) SAU-Tech Fund. There is established on the books of the
Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of
the State a fund to be known as the "SAU-Tech Fund".
(2) The SAU-Tech Fund shall be used for the maintenance, opera-
tion, and improvement of SAU-Tech, Arkansas Fire Training Academy,
and the Environment Control Center of SAU-Tech.
(3) The SAU-Tech Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of SAU-Tech
and its programs which are required to be deposited into the State
Treasury by law.
(v)(l) Mid-South Community College Fund. There is established on the
books of the Treasurer of State, the Auditor of State, and the Chief
Fiscal Officer of the State a fund to be known as the "Mid-South
Community College Fund".
(2) The Mid-South Community College Fund shall be used for the
maintenance, operation, and improvement of Mid-South Community
College.
(3) The Mid-South Community College Fund shall consist of:
(A) Those general revenues as may be provided by law;
(B) Those special revenues as set out in § 19-6-301(183); and
(C) Any other funds made available for the support of Mid-South
Community College which are required to be deposited into the State
Treasury by law.
(w)(l) University of Arkansas Community College at Hope Fund. There
is established on the books of the Treasurer of State, the Auditor of
State, and the Chief Fiscal Officer of the State a fund to be known as the
"University of Arkansas Community College at Hope Fund".
(2) The University of Arkansas Community College at Hope Fund
shall be used for the maintenance, operation, and improvement of the
University of Arkansas Community College at Hope.
(3) The University of Arkansas Community College at Hope Fund
shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of the Univer-
sity of Arkansas Community College at Hope which are required to be
deposited into the State Treasury by law.
(x)(l) University of Arkansas Community College at Batesville Fund.
There is established on the books of the Treasurer of State, the Auditor
of State, and the Chief Fiscal Officer of the State a fund to be known as
the "University of Arkansas Community College at Batesville Fund".
(2) The University of Arkansas Community College at Batesville
Fund shall be used for the maintenance, operation, and improvement of
the University of Arkansas Community College at Batesville.
19-5-303 PUBLIC FINANCE 66
(3) The University of Arkansas Community College at Batesville
Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of the Univer-
sity of the Arkansas Community College at Batesville which are
required to be deposited into the State Treasury by law.
(y)(l) Higher Education Institutions Performance Fund. The Higher
Education Institutions Performance Fund shall be used to provide
additional support for institutions of higher education on the basis of
institutional performance as determined by the Arkansas Higher
Education Coordinating Board and reported to the Legislative Council.
(2) The fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds provided by law.
(z)(l) Arkansas State University — Newport Fund. There is estab-
lished on the books of the Treasurer of State, the Auditor of State, and
the Chief Fiscal Officer of the State a fund to be known as the "Arkansas
State University — Newport Fund".
(2) The Arkansas State University — Newport Fund shall be used for
the maintenance, operation, and improvement of Arkansas State Uni-
versity — Newport.
(3) The Arkansas State University — Newport Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Arkansas
State University — Newport which are required to be deposited into
the State Treasury by law.
(aa)(l) Two-year College Model Formula Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "Two-Year
College Model Formula Fund".
(2) The Two-Year College Model Formula Fund shall be used for the
distribution of funds to the various two-year colleges by the Depart-
ment of Higher Education as may be authorized by law.
(3) The Two-Year College Model Formula Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available by the General Assembly.
(bb)(l) Cossatot Community College of the University of Arkansas
Fund. There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Cossatot Community College of the University of
Arkansas Fund".
(2) The Cossatot Community College of the University of Arkansas
Fund shall be used for the maintenance, operation, and improvement of
Cossatot Community College of the University of Arkansas.
(3) The Cossatot Community College of the University of Arkansas
Fund shall consist of:
(A) Those general revenues as may be provided by law; and
67 REVENUE STABILIZATION LAW 19-5-303
(B) Any other funds made available for the support of Cossatot
Community College of the University of Arkansas which are required
to be deposited into the State Treasury by law.
(cc)(l) University of Arkansas Community College at Morrilton Fund.
There is established on the books of the Treasurer of State, the Auditor
of State, and the Chief Fiscal Officer of the State a fund to be known as
the "University of Arkansas Community College at Morrilton Fund".
(2) The University of Arkansas Community College at Morrilton
Fund shall be used for the maintenance, operation, and improvement of
the University of Arkansas Community College at Morrilton.
(3) The University of Arkansas Community College at Morrilton
Fund shall consist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of the Univer-
sity of Arkansas Community College at Morrilton which are required
to be deposited into the State Treasury by law.
(dd)(l) Arkansas State University-Mountain Home Fund. There is
established on the books of the Treasurer of State, the Auditor of State,
and the Chief Fiscal Officer of the State a fund to be known as the
"Arkansas State University-Mountain Home Fund".
(2) The Arkansas State University-Mountain Home Fund shall be
used for the maintenance, operation, and improvement of Arkansas
State University-Mountain Home.
(3) The Arkansas State University-Mountain Home Fund shall con-
sist of:
(A) Those general revenues as may be provided by law; and
(B) Any other funds made available for the support of Arkansas
State University-Mountain Home which are required to be deposited
into the State Treasury by law.
(ee)(l) National Park Community College Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "National
Park Community College Fund".
(2) The National Park Community College Fund shall be used for the
maintenance, operation, and improvement of National Park Commu-
nity College.
(3) The National Park Community College Fund shall consist of:
(A) Those general revenues transferred each month from the
Garland County Community College Fund;
(B) The June 30, 2003, balances in the Garland County Commu-
nity College Fund; and
(C) Any other funds made available for the support of National
Park Community College which are required to be deposited into the
State Treasury by law.
(ff)(l) School for Math, Science, and Arts Fund. There is established
on the books of the Treasurer of State, the Auditor of State, and the
Chief Fiscal Officer of the State a fund to be known as the "School for
Math, Science, and Arts Fund".
19-5-304 PUBLIC FINANCE 68
(2) The School for Math, Science, and Arts Fund shall be used to
provide for the maintenance, operation, and improvement required by
the Arkansas School for Mathematics, Sciences, and the Arts in
carrying out its powers, functions, and duties as set out by law.
(3) The School for Math, Science, and Arts Fund shall consist of:
(A) Moneys allocated and transferred from the Educational Excel-
lence Trust Fund;
(B) Any general revenues as may be provided by the Revenue
Stabilization Law, § 19-5-101 et seq.; and
(C) Any other moneys as may be authorized by law.
History. Acts 1973, No. 750, § 6; 1975, § 17, provided: "SCHOOL FOR MATH,
No. 868, §§ 8, 9; 1977, No. 955, §§ 12, 13; SCIENCE AND ARTS FUNDING PROVI-
1979, No. 1013, § 9; 1979, No. 1077, § 3; SIONS. Funding provided to the Univer-
1981, No. 938, § 7; 1983, No. 801, §§ 5-7, s i ty f Arkansas Fund for the Arkansas
10; 1985, No. 888, § 8; A.S.A. 1947, § 13- School for Mathematics, Sciences, and the
52 tf 1 T?^ N 6 n 29 11 § ^ 4; S 19 2 91 iq^°- ^ in ArkanSaS Code A^^ 19 " 5 "
No ' 4 § 4 § 7, '§ 8; 1993 No 1073 § S§ 2 I f} * «* T\ * ^iTf 1° T»
1995, No. 1163, §§ 6-9; 1995, No. 1296, Sc ^°° l fo * Mat ^' ^f 1 '^ Arts ^ und -
§ 70; 1997, No. 1248, §§ 6, 7; 1999, No. Amendments. The 2009 amendment
1463, §§ 3-6; 2001, No. 90, § 9; 2001, No. b y identical acts Nos. 1440 and 1441 de-
292, § 12; 2001, No. 297, § 5; 2003, No. leted < 114 ) following "§ 19-6-301(45)" in
1290, § 4; 2003 (1st Ex. Sess.), No. 55, (a)(3)(B), and made a related change.
§§ 2, 3, 27, 29, 31, 34; 2005, No. 2282, § 3; The 2011 amendment by identical acts
2005, No. 2316, § 3; 2007, No. 1032, Nos. 1095 and 1115 deleted "and the Qua-
§§ 4-6; 2007, No. 1201, §§ 4-6; 2009, No. paw Technical Institute Fund Account"
1440, § 1; 2009, No. 1441, § 1; 2011, No. following "the Garland County Commu-
1095, § 2; 2011, No. 1115, § 2. nity College Fund" in (ee)(3)(A) and
A.C.R.C. Notes. Acts 2009, No. 1427, (ee)(3)(B).
19-5-304. Education Fund.
The Education Fund shall consist of the following funds and fund
accounts made available for the support of the Department of Educa-
tion and the Department of Career Education and shall be used for the
same purposes as set out for the following fund accounts:
(1)(A) Department of Education Fund Account. The Department of
Education Fund Account shall be used to provide for the mainte-
nance, operation, and improvement of the Department of Education
as created by § 6-10-101 et seq., and any other laws imposing
functions, powers, and duties upon the State Board of Education, the
Department of Education, and the Commissioner of Education,
including, but not necessarily limited to, history textbooks expenses,
the Publishing Revolving Account, audio-visual services, textbooks
operation, compact for education, including the state's membership,
and the state's contribution to the Southern Regional Education
Board.
(B) The Department of Education Fund Account shall consist of:
(i) Those general revenues as may be provided by the Revenue
Stabilization Law, § 19-5-101 et seq.; and
69 REVENUE STABILIZATION LAW 19-5-304
(ii) Nonrevenue income derived from services provided by those
programs supported from the Department of Education Fund Ac-
count, including any rental property located on the State Capitol
grounds owned by the Department of Education;
(2)(A) Department of Career Education Fund Account. The Depart-
ment of Career Education Fund Account shall be used to provide
support for those programs placed under the direction of the Director
of the Department of Career Education as authorized by §§ 6-11-101,
6-11-102, 25-6-101, 25-6-102, and Acts 1981, No. 64, § 4, and any
other laws imposing functions, powers, and duties upon the State
Board of Career Education, including without limitation the follow-
ing:
(i) Vocational, technical, and adult education;
(ii) Adult basic education;
(hi) Manpower training;
(iv) Vocational standards;
(v) Industry training programs; and
(vi) Those functions, programs, and responsibilities transferred to
the Department of Career Education as authorized by these statutes.
(B) The Department of Career Education Fund Account shall
consist of those general revenues as may be provided by the Revenue
Stabilization Law, § 19-5-101 et seq.;
(3)(A) Educational Television Fund Account. The Educational Televi-
sion Fund Account shall be used for the maintenance, operation, and
improvement required by the Educational Television Division of the
Department of Education in carrying out those powers, functions,
and duties of the Arkansas Educational Television Commission as set
out in § 6-3-101 et seq. or other duties imposed by law upon the
commission.
(B) The Educational Television Fund Account shall consist of those
general revenues as may be provided by law and nonrevenue income
derived from services provided by the Educational Television Division
and any other nonfederal grant funds provided by law;
(4)(A) State Library Fund Account. The State Library Fund Account
shall be used for the maintenance, operation, and improvement
required by the Library Division of the Department of Education in
carrying out the powers, functions, and duties as set out in § 13-2-
201 et seq. or any other duties imposed by law upon the State Library
Commission, which were transferred to the Department of Education
by §§ 6-11-101, 6-11-102, and 25-6-102.
(B) The State Library Fund Account shall consist of those general
revenues as may be provided by law and nonrevenue income derived
from services provided by the Library Division of the Department of
Education and any other nonfederal grant funds provided by law;
(5)(A) School for the Blind Fund Account. The School for the Blind
Fund Account shall be used for the maintenance, operation, and
improvement required by the Arkansas School for the Blind in
carrying out those powers, functions, and duties as set out in
§ 6-43-101 et seq. and § 6-43-201 et seq.
19-5-304 PUBLIC FINANCE 70
(B) The School for the Blind Fund Account shall consist of those
general revenues as may be provided by law and nonrevenue income
derived from services provided by the Arkansas School for the Blind
and any other nonfederal grant funds provided by law.
(C) Federal reimbursement funds received on account of voca-
tional education programs conducted by the Arkansas School for the
Blind shall not be deposited to the School for the Blind Fund Account;
(6)(A) School for the Deaf Fund Account. The School for the Deaf
Fund Account shall be used for the maintenance, operation, and
improvement required by the Arkansas School for the Deaf in
carrying out the powers, functions, and duties as set out in § 6-43-
301 et seq. or other duties imposed by law upon the Arkansas School
for the Deaf, which were transferred to the Department of Education
by §§ 6-11-101, 6-11-102, and 25-6-102.
(B) The School for the Deaf Fund Account shall consist of those
general revenues as may be provided by law and nonrevenue income
derived from services provided by the Arkansas School for the Deaf
and any other nonfederal grant funds provided by law.
(C) Federal reimbursement funds received on account of voca-
tional education programs conducted by the Arkansas School for the
Deaf shall not be deposited to this account;
(7)(A) Rehabilitation Services Fund Account. The Rehabilitation Ser-
vices Fund Account shall be used for the maintenance, operation, and
improvement required by the Arkansas Rehabilitation Services of the
Department of Career Education in carrying out the powers, func-
tions, and duties as set out in § 6-52-101 et seq., the Rehabilitation
Act of Arkansas, § 20-79-201 et seq., and § 25-30-201 et seq., and for
the adult handicapped program at the Arkansas Health Center.
(B) The Rehabilitation Services Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by rehabili-
tation programs of the Arkansas Rehabilitation Services of the
Department of Career Education; and
(iii) Any other nonfederal grant funds provided by law;
(8)(A) Technical Institute and Other Education Fund Accounts. The
Crowley's Ridge Technical Institute Fund Account shall be used for
the maintenance, operation, and improvement of Crowley's Ridge
Technical Institute. The Crowley's Ridge Technical Institute Fund
Account shall consist of:
(i) Those general revenues as may be provided by law; and
(ii) Any other funds made available for the support of Crowley's
Ridge Technical Institute which are required to be deposited into the
State Treasury by law.
(B) The Northwest Technical Institute Fund Account shall be used
for the maintenance, operation, and improvement of Northwest
Technical Institute. The Northwest Technical Institute Fund Account
shall consist of:
(i) Those general revenues as may be provided by law; and
71 REVENUE STABILIZATION LAW 19-5-304
(ii) Any other funds made available for the support of Northwest
Technical Institute which are required to be deposited into the State
Treasury by law.
(C) The Riverside Vocational Technical School Fund Account shall
be used for the maintenance, operation, and improvement of River-
side Vocational and Technical School. The Riverside Vocational Tech-
nical School Fund Account shall consist of:
(i) Those general revenues as may be provided by law; and
(ii) Any other funds made available for the support of Riverside
Vocational Technical School which are required to be deposited into
the State Treasury by law;
(9)(A) Educational Facilities Partnership Fund Account. The Educa-
tional Facilities Partnership Fund Account shall be used for distri-
bution of grants for programs providing academic school facility and
transportation assistance to the public school districts as may be
provided by law.
(B) The Educational Facilities Partnership Fund Account shall
consist of:
(i) Those general revenues as may be provided by law;
(ii) Moneys transferred from the General Improvement Fund; and
(hi) Any other moneys as may be provided by law; and
(10)(A) Division of Public School Academic Facilities and Transporta-
tion Fund Account. The Division of Public School Academic Facilities
and Transportation Fund Account shall be used for the maintenance,
operation, and improvement required by the Division of Public School
Academic Facilities and Transportation of the Department of Educa-
tion as may be provided by law.
(B) The Division of Public School Academic Facilities and Trans-
portation Fund Account shall consist of:
(i) Those general revenues as may be provided by law; and
(ii) Any other funds made available for the support of the Division
of Public School Academic Facilities and Transportation of the
Department of Education.
History. Acts 1973, No. 750, § 6; 1981, poses of budget preparation. Any appro-
No. 938, § 1; 1985, No. 888, § 3; A.S.A. priation request for this purpose shall be
1947, § 13-521; Acts 1991, No. 1135, § 3; considered a new appropriation request,
1993, No. 1073, § 22; 1995, No. 1163, and therefore will be considered a change
§ 10; 1999, No. 253, § 1; 2001, No. 152, level budget request.
§ 2; 2001, No. 231, § 2; 2003 (1st Ex. "Notwithstanding any law pertaining to
Sess.), No. 55, §§ 4, 28, 30, 32, 33; 2005, the transfer of year-end fund balances or
No. 1962, §§ 80-82; 2005, No. 2139, § 5; any law to the contrary, any funds pro-
2007, No. 260, § 4; 2007, No. 827, § 143; vided to the Educational Television Fund
2011, No. 856, § 3; 2011, No. 1095, § 3; Account for the purpose of funding the
2011, No. 1115, § 3. Honoring Arkansas' War Heroes Appro-
A.C.R.C. Notes. Acts 2011, No. 691, priation which remain in the Educational
§ 7, provided: "HONORING ARKANSAS' Television Fund Account at the end of a
WAR HEROES. The appropriation autho- fiscal year shall remain in the Educational
rized in this Act for Honoring Arkansas' Television Fund Account and shall con-
War Heroes is not intended to be carried tinue to be allocated to the Honoring Ar-
forward into the base level for the pur- kansas' War Heroes Appropriation in the
19-5-305
PUBLIC FINANCE
72
following fiscal year."
Acts 2011, No. 1095, § 8, provided: "Any
funds appropriated by the Eighty-Eighth
General Assembly from the Department of
Workforce Education Fund Account shall
be deemed payable from the Department
of Career Education Fund Account."
Acts 2011, No. 1095, § 15, provided:
"FUND TRANSFERS. At the direction of
the Governor and upon review by the
Arkansas Legislative Council or Joint
Budget Committee, the Chief Fiscal Of-
ficer of the State shall have the authority
to cause a transfer of funds distributed to
the Educational Facilities Partnership
Fund Account from distributions made
under the Revenue Stabilization Law dur-
ing the fiscal year ending June 30, 2012,
to any other fund or fund account estab-
lished by law."
Acts 2011, No. 1115, § 8, provided: "Any
funds appropriated by the Eighty-Eighth
General Assembly from the Department of
Workforce Education Fund Account shall
be deemed payable from the Department
of Career Education Fund Account."
Acts 2011, No. 1115, § 15, provided:
"FUND TRANSFERS. At the direction of
the Governor and upon review by the
Arkansas Legislative Council or Joint
Budget Committee, the Chief Fiscal Of-
ficer of the State shall have the authority
to cause a transfer of funds distributed to
the Educational Facilities Partnership
Fund Account from distributions made
under the Revenue Stabilization Law dur-
ing the fiscal year ending June 30, 2012,
to any other fund or fund account estab-
lished by law."
Amendments. The 2011 amendment
by No. 856 substituted "Department of
Career Education" for "Department of
Workforce Education" throughout (2); and
substituted "State Board of Career Educa-
tion" for "State Board of Workforce Edu-
cation and Career Opportunities" in the
introductory language of (2)(A).
The 2011 amendment by identical acts
Nos. 1095 and 1115 substituted "Depart-
ment of Career Education" for "Depart-
ment of Workforce Education" throughout
the section; substituted "State Board of
Career Education" for "State Board of
Workforce Education and Career Oppor-
tunities" in the introductory language of
(2)(A); and deleted former (8)(A) and
(8)(D) and redesignated the remaining
subdivisions accordingly.
19-5-305. Public School Fund.
(a) The Public School Fund shall consist of the following fund
accounts and funds made available for the support of the Department of
Education, the Arkansas State Library of the Department of Education,
and the Department of Career Education and shall be used for the same
purposes as set out for the following fund accounts:
(1) Department of Education Public School Fund Account. The De-
partment of Education Public School Fund Account shall be used for
grants and aids for the programs administered by the Department of
Education as authorized by law.
(2) Department of Career Education Public School Fund Account. The
Department of Career Education Public School Fund Account shall be
used for grants and aids for the programs administered by the Depart-
ment of Career Education consisting of, but not limited to:
(A) General adult education grants;
(B) Adult basic education grants;
(C) Manpower development and training grants;
(D) Vocational-technical and adult education; and
(E) Such other grants and aids as may be authorized by law for
disbursement by the Department of Career Education; and
(3) State Library Public School Fund Account. The State Library
Public School Fund Account shall be used for Aid to Public Libraries as
73 REVENUE STABILIZATION LAW 19-5-305
administered by the Arkansas State Library of the Department of
Education.
(b) The Public School Fund shall consist of those moneys as may be
provided by:
(1) The Revenue Stabilization Law, § 19-5-101 et seq.;
(2) Any federal mineral leasing funds, federal forest reserve funds,
federal flood control funds, or any other similar turnback funds in the
State Treasury for which the eligible county or school district cannot be
identified;
(3) Fines collected pursuant to § 6-21-410 under the Free Textbook
Act of 1975, § 6-21-401 et seq.;
(4) Funds remitted by county treasurers for those school districts
which have local revenue per student in excess of the local base per
student, as set out in § 26-80-101(c);
(5) Amusement machine revenues up to and including thirty thou-
sand dollars ($30,000), as set out in § 26-57-407;
(6) Additional rental vehicle tax revenues in excess of two million
eight hundred fifty thousand dollars ($2,850,000), § 26-63-302, to be
used exclusively for teacher salaries; and
(7) Such other funds as may be authorized by law.
(c)(1) There is authorized a transfer of up to two hundred thousand
dollars ($200,000) per year from the Public School Fund to the Depart-
ment of Education Fund Account or the Department of Career Educa-
tion Fund Account, or a portion thereof to both, by the Treasurer of
State and the Chief Fiscal Officer of the State, upon certification as to
the amount required by the Commissioner of Education or by the
Director of the Department of Career Education, or both, to the Chief
Fiscal Officer of the State.
(2) This transfer shall be used to provide additional support for the
administration of the handicapped children program and the voca-
tional-technical and adult education program.
History. Acts 1973, No. 750, § 6; 1975, funds appropriated by the Eighty-Eighth
No. 868, § 2; 1977, No. 955, § 3; A.S.A. General Assembly from the Department of
1947, § 13-521; Acts 1997, No. 1248, § 8; Workforce Education Public School Fund
1999, No. 253, § 2; 2001, No. 1646, § 3; Account shall be deemed payable from the
2003, No. 1052, § 10; 2003 (1st Ex. Sess.), Department of Career Education Public
No. 55, § 5; 2007, No. 182, § 15; 2007, No. School Fund Account."
1032, § 7; 2007, No. 1201, § 7; 2011, No. Amendments. The 2011 amendment
1095, § 4; 2011, No. 1115, § 4. by identical acts Nos. 1095 and 1115, in
Acts 2011, No. 1095, § 9, provided: "Any the introductory language of (a), deleted
funds appropriated by the Eighty-Eighth "the Department of Workforce Education"
General Assembly from the Department of following "the Department of Education"
Workforce Education Public School Fund and inserted "the Department of Career
Account shall be deemed payable from the Education"; rewrote (a)(1); and substi-
Department of Career Education Public tuted "Department of Career Education"
School Fund Account." for "Department of Workforce Education"
Acts 2011, No. 1115, § 9, provided: "Any throughout (a)(2) and (b)(7).
19-5-306 PUBLIC FINANCE 74
19-5-306. Department of Human Services Fund.
The Department of Human Services Fund shall consist of the
following fund accounts and funds made available for the support of the
Department of Human Services and shall be used for the same purposes
as set out for the following fund accounts:
(1)(A) Behavioral Health Services Fund Account. The Behavioral
Health Services Fund Account shall be used for the maintenance,
operation, and improvement required by the Division of Behavioral
Health of the Department of Human Services in carrying out the
powers, functions, and duties, as set out in § 20-46-101 et seq. and
§ 25-10-101 et seq., or other duties imposed by law upon the
Arkansas State Hospital.
(B) The Behavioral Health Services Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
Arkansas State Hospital;
(iii) Federal reimbursement received on account of eligible expen-
ditures;
(iv) Paying patient fees and other funds as may be provided by law;
(v) Funds received from local sources for community program
matching; and
(vi) Funds received from the Division of Medical Services of the
Department of Human Services;
(2)(A) Developmental Disabilities Services Fund Account. The Devel-
opmental Disabilities Services Fund Account shall be used for the
maintenance, operation, and improvement required by the Division
of Developmental Disabilities Services of the Department of Human
Services in carrying out the powers, functions, and duties, as set out
in § 20-48-101 et seq. and § 25-10-101 et seq., and all laws amenda-
tory thereto, or other duties imposed by law upon the human
development centers or the Board of Developmental Disabilities
Services.
(B) The Developmental Disabilities Services Fund Account shall
consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived by services provided by the human
development centers;
(iii) Funds received from local sources to provide matching for
community developmental disabilities services programs; and
(iv) Reimbursement received from the Division of Medical Services
of the Department of Human Services;
(3)(A) Medical Services Fund Account. The Medical Services Fund
Account shall be used for the maintenance, operation, and improve-
ment required by the Division of Medical Services of the Department
of Human Services in carrying out the powers, functions, and duties
as set out in § 20-76-101 et seq. and § 25-10-101 et seq., including
the support and administration costs of the expanded Medical Ser-
75 REVENUE STABILIZATION LAW 19-5-306
vices Program of the Division of Medical Services of the Department
of Human Services for the working poor in Arkansas.
(B) The Medical Services Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
Division of Medical Services of the Department of Human Services;
(hi) Federal reimbursement received on account of eligible expen-
ditures for the administration of medical services programs;
(iv) Funds derived from fees collected pursuant to the provisions of
§§ 20-10-213 — 20-10-228 to be used for the maintenance and
operation of the long-term care facility licensure program of the
Division of Medical Services of the Department of Human Services;
and
(v) Any other nonfederal grant funds provided by law.
(C) Other federal reimbursement funds received by the Division of
Medical Services of the Department of Human Services shall be
deposited into a separate federal reimbursement fund on the books of
the Treasurer of State;
(4)(A) Youth Services Fund Account. The Youth Services Fund Ac-
count shall be used for the maintenance, operation, and improvement
required by the Division of Youth Services of the Department of
Human Services in carrying out the powers, functions, and duties as
set out in § 9-28-201 et seq., including serious offender and commu-
nity-based programs and the youth service centers.
(B) The Youth Services Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
various programs of the Division of Youth Services of the Department
of Human Services; and
(iii) Any other nonfederal grants-in-aid funds provided by law.
(C) Other federal reimbursement received by the Division of Youth
Services of the Department of Human Services shall be deposited into
a separate federal reimbursement fund on the books of the Treasurer
of State, including those received on account of eligible expenditures
of the youth service centers' vocational education programs;
(5)(A) Children and Family Services Fund Account. The Children and
Family Services Fund Account shall be used for the maintenance,
operation, and improvement required by the Division of Children and
Family Services of the Department of Human Services in carrying
out those functions, powers, and duties as set out in § 25-10-101 et
seq.
(B) The Children and Family Services Fund Account shall consist
of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
Division of Children and Family Services of the Department of
Human Services; and
(iii) Any other nonfederal grant-in-aid funds provided by law;
19-5-306 PUBLIC FINANCE 76
(6)(A) Department of Human Services Administration Fund Account.
The Department of Human Services Administration Fund Account
shall be used for the maintenance, operation, and improvement
required by the office of the Director of the Department of Human
Services in carrying out the administrative duties of the Department
of Human Services as set out in and under the restrictions and
provisions of § 20-46-301 and § 25-10-101 et seq., and of the Office of
Finance and Administration of the Department of Human Services,
and the Division of Community Service and Nonprofit of the Depart-
ment of Human Services as set out in § 25-10-128.
(B) The Department of Human Services Administration Fund
Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by these
divisions of the Department of Human Services; and
(iii) Any other funds, including reimbursement for costs incurred
by these divisions from the various other Department of Human
Services' divisions from nongeneral revenue sources, as may be
required and provided by law;
(7)(A) Aging and Adult Services Fund Account. The Aging and Adult
Services Fund Account shall be used for the maintenance, operation,
and improvement required by the Division of Aging and Adult
Services of the Department of Human Services in carrying out the
powers, functions, and duties as imposed by law, and § 25-10-101 et
seq., upon the Division of Aging and Adult Services of the Department
of Human Services.
(B) The Aging and Adult Services Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Fifty percent (50%) of those special revenues as specified in
§ 19-6-301(201), there to be used to assist the Meals on Wheels
Program, and any other special revenues as may be provided by law;
(iii) Nonrevenue income derived from services provided by the
Division of Aging and Adult Services of the Department of Human
Services;
(iv) Federal reimbursement received on account of eligible expen-
ditures of the Division of Aging and Adult Services of the Department
of Human Services; and
(v) The first three million dollars ($3,000,000) each year of the net
revenues derived from the additional cigarette tax levied in § 26-57-
802, to be used exclusively for transportation services benefiting the
elderly, including the Meals on Wheels Program;
(8)(A) State Services for the Blind Fund Account. The State Services
for the Blind Fund Account shall be used for the maintenance,
operation, and improvement required by the Division of State Ser-
vices for the Blind of the Department of Human Services in carrying
out the powers, functions, and duties as set out in § 25-10-201 et seq.
or other duties imposed by law upon the Division of State Services for
the Blind of the Department of Human Services.
77 REVENUE STABILIZATION LAW 19-5-306
(B) The State Services for the Blind Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
Division of State Services for the Blind programs of the Department
of Human Services; and
(hi) Any other nonfederal grants funds provided by law;
(9)(A) County Operations Fund Account. The County Operations
Fund Account shall be used for the maintenance, operation, and
improvement required by the Division of County Operations of the
Department of Human Services in carrying out the powers, functions,
and duties as set out in § 25-10-102.
(B) The County Operations Fund Account shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
various programs of the Division of County Operations of the Depart-
ment of Human Services;
(hi) Any other nonfederal grants-in-aids funds provided by law;
(iv) Funds received from the Department of Education for surplus
commodities; and
(v) Federal reimbursement received on account of eligible expen-
ditures of the Division of County Operations of the Department of
Human Services;
(C) Other federal reimbursement funds received by the Division of
County Operations of the Department of Human Services shall be
deposited into a separate federal reimbursement fund on the books of
the Treasurer of State;
(10)(A) Department of Human Services Grants Fund Account. The
Department of Human Services Grants Fund Account shall be used
for the following grant programs to consist of general revenues and
any other nonfederal funds, as may be appropriated by the General
Assembly:
(i) Children's Medical Services;
(ii) Food Stamp Employment and Training Program;
(hi) Aid to the Aged, Blind, and Disabled;
(iv) Transitional Employment Assistance Program;
(v) Private nursing home care;
(vi) Infant Infirmary — nursing home care;
(vii) Public Nursing Home Care;
(viii) Prescription Drugs;
(ix) Hospital and Medical Services;
(x) Child and Family Life Institute;
(xi) Community Services Block Grant;
(xii) ARKids First;
(xiii) Child Health Management Services; and
(xiv) Child Care Grant.
(B) Federal reimbursement received by the Department of Human
Services shall be deposited into separate funds on the books of the
Treasurer of State;
19-5-306 PUBLIC FINANCE 78
(11)(A) Long-Term Care Facility Receivership Fund Account. The
Long-Term Care Facility Receivership Fund Account shall be used for
paying the expenses of receivers appointed under the Arkansas
Long-Term Care Facility Receivership Law, § 20-10-901 et seq., as
administered and disbursed under the direction of the Director of the
Department of Human Services.
(B) The Long-Term Care Facility Receivership Fund Account shall
consist of:
(i) Those general revenues and such other funds as may be
provided by law; and
(ii) The balance in the Long-Term Care Facility Receivership Fund
Account which remains at the end of a fiscal year;
(12)(A) Child Care and Early Childhood Education Fund Account. The
Child Care and Early Childhood Education Fund Account shall be
used for the maintenance, operation, and improvement required by
the Division of Child Care and Early Childhood Education of the
Department of Human Services in carrying out those functions,
powers, and duties as set out in the Child Care Facility Licensing Act,
§ 20-78-201 et seq., or other duties imposed by law upon the Division
of Child Care and Early Childhood Education of the Department of
Human Services.
(B) The Child Care and Early Childhood Education Fund Account
shall consist of:
(i) Those general revenues as may be provided by law;
(ii) Nonrevenue income derived from services provided by the
Division of Child Care and Early Childhood Education of the Depart-
ment of Human Services; and
(hi) Any other nonfederal grant-in-aid funds provided by law.
History. Acts 1973, No. 750, § 6; 1975, eral funds, as may be appropriated by the
No. 868, § 3; 1977, No. 955, §§ 4-6; 1977 General Assembly:
(1st Ex. Sess.), No. 7, § 2; 1979, No. 1115, "(i) Children's Medical Services;
§ 4; 1981, No. 938, §§ 2, 3; 1983, No. 801, "(ii) Food Stamp Employment and
§§ 4-15; 1985, No. 888, § 5; A.S.A. 1947, Training Program;
§ 13-521; Acts 1987, No. 928, § 1; 1989, "(hi) Aid to the Aged, Blind, and Dis-
No. 629, § 5; 1991, No. 1135, §§ 4, 16; abled;
1993, No. 1073, §§ 4, 24; 1994 (2nd Ex. "(iv) Transitional Employment Assis-
Sess.), No. 27, § 1; 1995, No. 1163, § 11; tance Program;
1997, No. 1007, § 3; 1997, No. 1360, § 82; "(v) Private nursing home care;
1999, No. 1463, § 7; 1999, No. 1537, "(vi) Infant Infirmary — nursing home
§ 100; 2003 (1st Ex. Sess.), No. 17, § 10; care;
2003 (1st Ex. Sess.), No. 55, §§ 6-8; 2007, "(vii) Public Nursing Home Care;
No. 1032, §§ 8-10; 2007, No. 1201, §§ 8- "(viii) Prescription Drugs;
10; 2009, No. 1414, § 8; 2011, No. 42, § 4; "(ix) Hospital and Medical Services;
2011, No. 1095, § 5; 2011, No. 1115, § 5. "(x) Child and Family Life Institute;
A.C.R.C. Notes. Acts 2010, No. 276, "(xi) Community Services Block Grant;
§ 8, provided: "DEPARTMENT OF HU- "(xii) ARKIDSFIRST;
MAN SERVICES GRANTS FUND AC- "(xiii) Child Health Management Ser-
COUNT. The Department of Human Ser- vices; and
vices Grants Fund Account shall be used "(xiv) Child Care Grant."
for the following grant programs to consist Acts 2011, No. 1068, § 8, provided: "DE-
of general revenues and any other nonfed- PARTMENT OF HUMAN SERVICES
79 REVENUE STABILIZATION LAW 19-5-307
GRANTS FUND ACCOUNT. The Depart- "(xiv) Child Care Grant."
ment of Human Services Grants Fund Acts 2011, No. 1095, § 10, provided:
Account shall be used for the following "Any funds appropriated by the Eighty-
grant programs to consist of general rev- Eighth General Assembly from the Men-
enues and any other nonfederal funds, as tal Health Services Fund Account shall be
may be appropriated by the General As- deemed payable from the Behavioral
sembly: Health Services Fund Account."
"(i) Children's Medical Services; Acts 2011, No. 1115, § 10, provided:
"(ii) Food Stamp Employment and "Any funds appropriated by the Eighty-
Training Program; Eighth General Assembly from the Men-
"(iii) Aid to the Aged, Blind, and Dis- tal Health Services Fund Account shall be
abled; deemed payable from the Behavioral
"(iv) Transitional Employment Assis- Health Services Fund Account."
tance Program; Amendments. The 2009 amendment
"(v) Private nursing home care; deleted former (10)(A)(xv) and made re-
"(vi) Infant Infirmary — nursing home lated changes,
care; The 2011 amendment by No. 42 substi-
"(vii) Public Nursing Home Care; tuted "Community Service and Nonprofit
"(viii) Prescription Drugs; Support" for "Volunteerism" in (6)(A).
"(ix) Hospital and Medical Services; The 2011 amendment by identical acts
"(x) Child and Family Life Institute; Nos. 1095 and 1115 substituted "Behav-
"(xi) Community Services Block Grant; ioral Health Services Fund Account" for
"(xii) ARKIDSFIRST; "Mental Health Services Fund Account" in
"(xiii) Child Health Management Ser- two places in (1)(A) and in the introduc-
vices; and tory language of (1)(B).
19-5-307. Public Health Fund.
(a) The Public Health Fund shall be used for the maintenance,
operation, and improvement required by the regional health centers
and the various divisions of the Department of Health in carrying out
the powers, functions, and duties as set out in § 20-7-102 et seq. or
other duties imposed by law upon:
(1) The Department of Health;
(2) The Director of the Department of Health;
(3) The State Board of Health;
(4) The Secretary of the State Board of Health, or the State Health
Officer, whose office was transferred under § 25-9-101 to the Depart-
ment of Health; and
(5) The State Cancer Commission, which was transferred to the
Department of Health by § 25-9-101.
(b) The Public Health Fund shall consist of:
(1) Those special revenues as set out in § 19-6-301(41), (65), (68),
(69), (80), (97), (131), (132), (133), (136), (137), (140), (141), (142), (143),
(144), (147), (155), (166), (177), (194), (204), and (205), and that portion
of§ 19-6-301(58) of the Revenue Classification Law, § 19-6-101 et seq.;
(2) General revenues as may be provided by law;
(3) Nonrevenue income derived from services provided by the vari-
ous divisions of the department;
(4) Federal reimbursement received on account of eligible expendi-
tures by the various divisions of the Department of Health;
(5) Other funds as may be provided by law;
19-5-307
PUBLIC FINANCE
80
(6) Moneys transferred or deposited from the State Administration of
Justice Fund to support alcoholism treatment programs and for use in
the drug abuse prevention and treatment program of the Office of
Alcohol and Drug Abuse Prevention; and
(7) Amusement machine revenues over thirty thousand dollars
($30,000), as set out in § 26-57-407.
History. Acts 1973, No. 750, § 6; 1983,
No. 801, § 8; 1985, No. 888, § 6; A.S.A.
1947, § 13-521; Acts 1989, No. 629, § 6;
1991, No. 1135, § 5; 1993, No. 1073, § 5;
1995, No. 1032, § 8; 1995, No. 1296, § 71;
1997, No. 1248, § 9; 1999, No. 1463, § 8;
2001, No. 1646, § 4; 2003 (1st Ex. Sess.),
No. 55, § 9; 2005, No. 2282, § 4; 2005, No.
2316, § 4; 2007, No. 1032, § 11; 2007, No.
1201, § 11; 2010, No. 262, § 2; 2010, No.
296, § 2; 2011, No. 856, § 4.
Amendments. The 2010 amendment
by identical acts Nos. 262 and 296 in-
serted "(41)" in (b)(1).
The 2011 amendment deleted "and all
laws amendatory thereto, and § 20-11-
201 et seq. [repealed]" following "§ 20-7-
102 et seq." in the introductory language
of (a); and deleted (a)(6).
Subchapter 4 — Distribution of General Revenues
SECTION.
19-5-401. Allocations for fiscal year 2011-
2012 and thereafter.
19-5-402. Maximum allocations of rev-
enues for fiscal year 2011-
2012 and thereafter.
SECTION.
19-5-403.
19-5-404.
19-5-405.
19-5-406. Transfer of remaining rev-
enues.
[Repealed.]
[Repealed.]
Authority of Treasurer of State.
Effective Dates. Acts 2009, Nos. 1440
and 1441, § 11: July 1, 2009. Emergency
clause provided: "It is hereby found and
determined by the General Assembly of
the State of Arkansas that changes in the
state's fiscal laws must take effect at the
beginning of the fiscal year, that if the
current legislative session is extended
such that the 90 day period is later than
July 1, 2009 the changes will not be
timely. Therefore, an emergency is de-
clared to exist and this act being immedi-
ately necessary for the preservation of the
public peace, health, and safety shall be-
come effective on July 1, 2009."
Acts 2010, No. 262, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2010, No. 296, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
81
REVENUE STABILIZATION LAW
19-5-401
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2011, No. 1095, § 18: July 1, 2011.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that if the current legislative session
is extended such that the 90 day period is
later than July 1, 2011 the changes will
not be timely. Therefore, an emergency is
declared to exist, and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on July 1, 2011."
Acts 2011, No. 1115, § 18: July 1, 2011.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that if the current legislative session
is extended such that the 90 day period is
later than July 1, 2011 the changes will
not be timely. Therefore, an emergency is
declared to exist, and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on July 1, 2011."
19-5-401. Allocations for fiscal year 2011-2012 and thereafter.
Commencing with the fiscal year beginning July 1, 2011, and each
fiscal year thereafter, the Treasurer of State shall transfer all remain-
ing general revenues available for distribution on the last day of
business in July 2011 and on the last day of business in each calendar
month thereafter during the fiscal year to the various funds and fund
accounts participating in general revenues in the proportions of the
maximum allocation as the individual allocation to the fund or fund
account bears to the total of the maximum allocation as provided in
§ 19-5-402(a) and (b).
History. Acts 1973, No. 750, § 11; 1974
(1st Ex. Sess.), No. 90, § 1; 1975, No. 868,
§ 15; 1977, No. 955, § 1; 1977 (1st Ex.
Sess.), No. 7, § 1; 1979, No. 1115, § 1;
1981, No. 937, § 1; 1983, No. 801, § 12;
1983 (1st Ex. Sess.), No. 119, § 1; 1985,
No. 888, § 25; A.S.A. 1947, § 13-515; Acts
1987, No. 928, § 15; 1989, No. 629, § 14;
1991, No. 1135, § 12; 1993, No. 1073,
§ 30; 1995, No. 1163, § 31; 1997, No.
1248, § 28; 1999, No. 1463, § 30; 2001,
No. 1646, § 29; 2003 (1st Ex. Sess.), No.
55, § 39; 2005, No. 2282, § 16; 2005, No.
2316, § 16; 2007, No. 1032, § 34; 2007,
No. 1201, § 34; 2009, No. 1440, § 7; 2009,
No. 1441, § 7; 2010, No. 262, § 12; 2010,
No. 296, § 12; 2011, No. 1095, § 16; 2011,
No. 1115, § 16.
Amendments. The 2009 amendment
by identical acts Nos. 1440 and 1441 sub-
stituted "July 1, 2009" for "July 1, 2007,"
June 30, 2010" for "June 30, 2008," "July
2009" for "July 2007," and "(b-1)" for "(a-
D."
The 2010 amendment by identical acts
Nos. 262 and 296 substituted "2010-2011
and thereafter" for "2009-2010" in the
section catchline, substituted "July 1,
2010, and each fiscal year thereafter" for
"July 1, 2009, and ending June 30, 2010,"
19-5-402 PUBLIC FINANCE 82
substituted "July 2010" for "July 2009," the section heading; substituted "2011" for
and substituted "§ 19-5-402(a) and (b)" for "2009" in two places; substituted "each
" § 19-5-402(a), (b-1), and (b)" at the end. fiscal year thereafter" for "ending June 30,
The 2011 amendment by identical acts 2010"; and substituted "§ 19-5-402(a) and
Nos. 1095 and 1115 substituted "2011- (b)" for "§ 19-5-402(a), (b-1), and (b)."
2012 and thereafter" for "2009-2010" in
19-5-402. Maximum allocations of revenues for fiscal year 2011-
2012 and thereafter.
(a) The Treasurer of State shall first make monthly allocations in the
proportions set out in this subsection to the funds and fund accounts
listed below until there has been transferred a total of four billion five
hundred sixty-four million twenty-five thousand dollars
($4,564,025,000) or so much thereof as may become available, provided
that the Treasurer of State shall make such monthly allocations in
accordance with each fund or fund account's proportionate part of the
total of all such allocations set forth in this subsection:
Maximum
Name of Fund or Fund Account Allocation
PUBLIC SCHOOL FUND
(1) Department of Education Public School Fund
Account $1,904,970,389
(2) State Library Public School Fund Account $ 5,672,143
(3) Department of Career Education Public School
Fund Account $ 32,284,224
GENERAL EDUCATION FUND
(1) Department of Education Fund Account $ 15,471,687
(2) Educational Facilities Partnership Fund Account $ 34,828,951
(3) Division of Public School Academic Facilities and
Transportation Fund Account $ 2,492,317
(4) Educational Television Fund Account $ 5,075,556
(5) School for the Blind Fund Account $ 6,110,288
(6) School for the Deaf Fund Account $ 10,457,470
(7) State Library Fund Account $ 3,345,374
(8) Department of Career Education Fund Account $ 3,341,028
(9) Rehabilitation Services Fund Account $ 12,953,772
Technical Institutes:
(10) Crowley's Ridge Technical Institute Fund Ac-
count $ 2,498,384
(11) Northwest Technical Institute Fund Account $ 2,908,129
(12) Riverside Vocational Technical School Fund Ac-
count $ 2,226,907
83 REVENUE STABILIZATION LAW 19-5-402
Maximum
Name of Fund or Fund Account Allocation
DEPARTMENT OF HUMAN SERVICES FUND
(1) Department of Human Services Administration
Fund Account $ 15,637,721
(2) Aging and Adult Services Fund Account $ 17,391,126
(3) Children and Family Services Fund Account $ 49,511,800
(4) Child Care and Early Childhood Education Fund
Account $ 563,454
(5) Youth Services Fund Account $ 48,255,346
(6) Developmental Disabilities Services Fund Account $ 61,773,664
(7) Medical Services Fund Account $ 4,958,217
(8) Department of Human Services Grants Fund Ac-
count $691,627,767
(9) Behavioral Health Services Fund Account $ 75,577,870
(10) State Services for the Blind Fund Account $ 1,880,943
(11) County Operations Fund Account $ 47,191,028
STATE GENERAL GOVERNMENT FUND
(1) Department of Arkansas Heritage Fund Account $6,203,610
(2) Arkansas Agriculture Department Fund Account $ 15,851,863
(3) Department of Labor Fund Account $ 3,005,407
(4) Department of Higher Education Fund Account $ 3,100,000
(5) Higher Education Grants Fund Account $ 34,491,806
(6) Arkansas Economic Development Commission
Fund Account $ 10,311,798
(7) Department of Correction Inmate Care and Cus-
tody Fund Account $296,737,360
(8) Department of Community Correction Fund Ac-
count $ 70,484,604
(9) State Military Department Fund Account $ 9,278,101
(10) Parks and Tourism Fund Account $ 22,607,437
(11) Arkansas Department of Environmental Quality
Fund Account $ 4,210,633
(12) Miscellaneous Agencies Fund Account $ 57,905,113
COUNTY AID FUND $ 19,645,067
COUNTY JAIL REIMBURSEMENT FUND $ 9,453,607
CRIME INFORMATION SYSTEM FUND $ 3,806,833
CHILD SUPPORT ENFORCEMENT FUND $ 12,951,328
PUBLIC HEALTH FUND $ 90,975,276
MERIT ADJUSTMENT FUND $ 15,000,000
MOTOR VEHICLE ACQUISITION REVOLVING
FUND $-
19-5-402 PUBLIC FINANCE 84
Maximum
Name of Fund or Fund Account Allocation
MUNICIPAL AID FUND $ 27,372,099
DEPARTMENT OF ARKANSAS STATE POLICE
FUND $ 61,905,577
DEPARTMENT OF WORKFORCE SERVICES FUND $ 3,775,642
INSTITUTIONS OF HIGHER EDUCATION
(1) ARKANSAS STATE UNIVERSITY FUND $ 56,158,938
(2) ARKANSAS TECH UNIVERSITY FUND $ 31,361,139
(3) HENDERSON STATE UNIVERSITY FUND $ 18,713,847
(4) SOUTHERN ARKANSAS UNIVERSITY FUND $ 15,449,575
(5) UNIVERSITY OF ARKANSAS FUND $115,924,500
(6) UNIVERSITY OF ARKANSAS FUND-ARCHEO-
LOGICAL SURVEY $ 2,327,380
(7) UNIVERSITY OF ARKANSAS FUND-DIVISION
OF AGRICULTURE $ 62,800,138
(8) UNIVERSITY OF ARKANSAS FUND-CLINTON
SCHOOL $ 2,295,575
(9) UNIVERSITY OF ARKANSAS FUND-CRIMI-
NAL JUSTICE INSTITUTE $ 1,825,769
(10) SCHOOL FOR MATH, SCIENCE, AND ARTS
FUND $ 1,113,015
(11) UNIVERSITY OF ARKANSAS AT FORT SMITH
FUND $ 20,115,961
(12) UNIVERSITY OF ARKANSAS AT LITTLE
ROCK FUND $ 59,758,439
(13) UNIVERSITY OF ARKANSAS MEDICAL CEN-
TER FUND $ 97,716,239
(14) UNIVERSITY OF ARKANSAS MEDICAL CEN-
TER FUND - CHILD SAFETY CENTER $ 720,588
(15) UNIVERSITY OF ARKANSAS MEDICAL CEN-
TER FUND - INDIGENT CARE $ 5,342,181
(16) UNIVERSITY OF ARKANSAS AT MONTI-
CELLO FUND $ 15,832,510
(17) UNIVERSITY OF ARKANSAS AT PINE BLUFF
FUND $ 25,229,737
(18) UNIVERSITY OF CENTRAL ARKANSAS
FUND $ 51,972,375
(19) ARKANSAS NORTHEASTERN COLLEGE
FUND $ 8,577,052
(20) ARKANSAS STATE UNIVERSITY - BEEBE
FUND $ 12,044,916
(21) ARKANSAS STATE UNIVERSITY - MOUN-
TAIN HOME FUND $ 3,555,592
85 REVENUE STABILIZATION LAW 19-5-402
Maximum
Name of Fund or Fund Account Allocation
(22) ARKANSAS STATE UNIVERSITY - NEWPORT
FUND $ 5,992,293
(23) COSSATOT COMMUNITY COLLEGE OF THE
UNIVERSITY OF ARKANSAS FUND $ 3,327,570
(24) EAST ARKANSAS COMMUNITY COLLEGE
FUND $ 5,788,058
(25) MID-SOUTH COMMUNITY COLLEGE FUND $ 3,791,766
(26) NATIONAL PARK COMMUNITY COLLEGE
FUND $ 8,900,298
(27) NORTH ARKANSAS COLLEGE FUND $ 7,966,091
(28) NORTHWEST ARKANSAS COMMUNITY COL-
LEGE FUND $ 9,784,051
(29) PHILLIPS COMMUNITY COLLEGE OF THE
UNIVERSITY OF ARKANSAS FUND $ 9,063,088
(30) RICH MOUNTAIN COMMUNITY COLLEGE
FUND $ 3,201,250
(31) SAU - TECH FUND $ 5,611,615
(32) SAU - TECH FUND-ENVIRONMENTAL CON-
TROL CENTER $ 368,404
(33) SAU - TECH FUND-FIRE TRAINING ACAD-
EMY $ 1,651,221
(34) SOUTH ARKANSAS COMMUNITY COLLEGE
FUND $ 5,994,317
(35) UNIVERSITY OF ARKANSAS COMMUNITY
COLLEGE AT BATESVILLE FUND $ 4,020,646
(36) UNIVERSITY OF ARKANSAS COMMUNITY
COLLEGE AT HOPE FUND $ 4,491,997
(37) UNIVERSITY OF ARKANSAS COMMUNITY
COLLEGE AT MORRILTON FUND $ 4,735,870
(38) BLACK RIVER TECHNICAL COLLEGE FUND $ 6,011,126
(39) OUACHITA TECHNICAL COLLEGE FUND $ 3,506,108
(40) OZARKA COLLEGE FUND $ 2,959,592
(41) PULASKI TECHNICAL COLLEGE FUND $ 14,308,659
(42) SOUTHEAST ARKANSAS COLLEGE FUND $ 5,636,798
After making the maximum annual allocations provided for in
subsection (a) of this section, the Treasurer of State shall transfer the
next ten million dollars ($10,000,000), or so much thereof as is avail-
able, to supplement the fund established as a set-aside in the 88th
Session Projects Account of the General Improvement Fund in Section
3(a)(1) of the General Improvement Distribution Act, for transfers, from
time to time, to the various fund and fund accounts in the Revenue
Stabilization Law as amended, or for transfers, from time to time, for
19-5-402 PUBLIC FINANCE 86
projects in the Executive Discretionary Division (d), upon approval by
the Legislative Council or Joint Budget Committee.
(b) After transferring ten million dollars ($10,000,000) to the 88th
Session Projects Account of the General Improvement Fund to supple-
ment the fund established as a set-aside in the 88th Session Projects
Account of the General Improvement Fund in Section 3(a)(1) of the
General Improvement Distribution Act, the Treasurer of State shall
then make allocations from the remaining general revenues available
for distribution, as set forth in this subsection, to the funds and fund
accounts listed below until there has been transferred a total of
thirty-one million nine hundred thousand dollars ($31,900,000) or so
much thereof that may become available; provided, that the Treasurer
of State shall make such monthly allocations in accordance with each
fund or fund account's proportionate part of the total of all such
allocations set forth in this subsection:
Maximum
Name of Fund or Fund Account Allocation
PUBLIC SCHOOL FUND
(1) Department of Education Public School Fund
Account $-
(2) State Library Public School Fund Account $ 84,515
(3) Department of Career Education Public School
Fund Account $ 478,682
GENERAL EDUCATION FUND
(1) Department of Education Fund Account $229,401
(2) Educational Facilities Partnership Fund Account $516,413
(3) Division of Public School Academic Facilities and
Transportation Fund Account $ 36,954
(4) Educational Television Fund Account $ 75,256
(5) School for the Blind Fund Account $ 92,081
(6) School for the Deaf Fund Account $ 156,537
(7) State Library Fund Account $ 51,085
(8) Department of Career Education Fund Account $ 49,538
(9) Rehabilitation Services Fund Account $ 192,067
Technical Institutes:
(10) Crowley's Ridge Technical Institute Fund Account $ 37,044
(11) Northwest Technical Institute Fund Account $ 43,861
(12) Riverside Vocational Technical School Fund Ac-
count $ 33,019
DEPARTMENT OF HUMAN SERVICES FUND
(1) Department of Human Services Administration
Fund Account $ 231,862
(2) Aging and Adult Services Fund Account $ 257,860
87 REVENUE STABILIZATION LAW 19-5-402
Maximum
Name of Fund or Fund Account Allocation
(3) Children and Family Services Fund Account $ 749,828
(4) Child Care and Early Childhood Education Fund
Account $ 8,354
(5) Youth Services Fund Account $ 745,142
(6) Developmental Disabilities Services Fund Account $ 915,926
(7) Medical Services Fund Account $ 73,516
(8) Department of Human Services Grants Fund
Account $ 10,254,853
(9) Behavioral Health Services Fund Account $ 1,167,936
(10) State Services for the Blind Fund Account $ 27,889
(11) County Operations Fund Account $ 699,707
STATE GENERAL GOVERNMENT FUND
(1) Department of Arkansas Heritage Fund Account $91,982
(2) Arkansas Agriculture Department Fund Account $ 237,411
(3) Department of Labor Fund Account $ 44,562
(4) Department of Higher Education Fund Account $ 45,964
(5) Higher Education Grants Fund Account $ 511,414
(6) Arkansas Economic Development Commission
Fund Account $ 152,894
(7) Department of Correction Inmate Care and Cus-
tody Fund Account $-
(8) Department of Community Correction Fund Ac-
count $-
(9) State Military Department Fund Account $ 137,568
(10) Parks and Tourism Fund Account $ 335,203
(11) Arkansas Department of Environmental Quality
Fund Account $ 62,432
(12) Miscellaneous Agencies Fund Account $ 2,107,508
COUNTY AID FUND $ 291,280
COUNTY JAIL REIMBURSEMENT FUND $ 140,170
CRIME INFORMATION SYSTEM FUND $ 54,591
CHILD SUPPORT ENFORCEMENT FUND $ 192,031
PUBLIC HEALTH FUND $ 1,350,988
MERIT ADJUSTMENT FUND $-
MOTOR VEHICLE ACQUISITION REVOLVING
FUND $-
MUNICIPAL AID FUND $ 405,850
DEPARTMENT OF ARKANSAS STATE POLICE
FUND $ 917,882
DEPARTMENT OF WORKFORCE SERVICES FUND $ 55,982
19-5-402 PUBLIC FINANCE 88
Maximum
Name of Fund or Fund Account Allocation
INSTITUTIONS OF HIGHER EDUCATION
(1) ARKANSAS STATE UNIVERSITY FUND $ 1,223,171
(2) ARKANSAS TECH UNIVERSITY FUND $ 429,051
(3) HENDERSON STATE UNIVERSITY FUND $ 30,484
(4) SOUTHERN ARKANSAS UNIVERSITY FUND $ 116,468
(5) UNIVERSITY OF ARKANSAS FUND $ 1,499,553
(6) UNIVERSITY OF ARKANSAS FUND-ARCHEO-
LOGICAL SURVEY $ 5,357
(7) UNIVERSITY OF ARKANSAS FUND-DIVISION
OF AGRICULTURE $ 107,895
(8) UNIVERSITY OF ARKANSAS FUND-CLINTON
SCHOOL $ 5,627
(9) UNIVERSITY OF ARKANSAS FUND-CRIMINAL
JUSTICE INSTITUTE $ 4,614
(10) SCHOOL FOR MATH, SCIENCE, AND ARTS
FUND $ 13,439
(11) UNIVERSITY OF ARKANSAS AT FORT SMITH
FUND $ 223,655
(12) UNIVERSITY OF ARKANSAS AT LITTLE
ROCK FUND $ 675,552
(13) UNIVERSITY OF ARKANSAS MEDICAL CEN-
TER FUND $ 602,227
(14) UNIVERSITY OF ARKANSAS MEDICAL CEN-
TER FUND - CHILD SAFETY CENTER $ 594
(15) UNIVERSITY OF ARKANSAS MEDICAL CEN-
TER FUND - INDIGENT CARE $ 4,363
(16) UNIVERSITY OF ARKANSAS AT MONTI-
CELLO FUND $ 105,556
(17) UNIVERSITY OF ARKANSAS AT PINE BLUFF
FUND $ 96,558
(18) UNIVERSITY OF CENTRAL ARKANSAS FUND $ 589,185
(19) ARKANSAS NORTHEASTERN COLLEGE
FUND $ 246
(20) ARKANSAS STATE UNIVERSITY - BEEBE
FUND $ 45,570
(21) ARKANSAS STATE UNIVERSITY - MOUNTAIN
HOME FUND $ 71,353
(22) ARKANSAS STATE UNIVERSITY - NEWPORT
FUND $ 45,747
(23) COSSATOT COMMUNITY COLLEGE OF THE
UNIVERSITY OF ARKANSAS FUND $ 56,842
(24) EAST ARKANSAS COMMUNITY COLLEGE
89 REVENUE STABILIZATION LAW 19-5-402
Maximum
Name of Fund or Fund Account Allocation
FUND $-
(25) MID-SOUTH COMMUNITY COLLEGE FUND $ 168,328
(26) NATIONAL PARK COMMUNITY COLLEGE
FUND $ 125,073
(27) NORTH ARKANSAS COLLEGE FUND $ 55,361
(28) NORTHWEST ARKANSAS COMMUNITY
COLLEGE FUND $ 295,175
(29) PHILLIPS COMMUNITY COLLEGE OF THE
UNIVERSITY OF ARKANSAS FUND $-
(30) RICH MOUNTAIN COMMUNITY COLLEGE
FUND $ 27,557
(31) SAU - TECH FUND $ 70,081
(32) SAU - TECH FUND-ENVIRONMENTAL CON-
TROL CENTER $ 1,843
(33) SAU - TECH FUND-FIRE TRAINING ACAD-
EMY $ 6,897
(34) SOUTH ARKANSAS COMMUNITY COLLEGE
FUND $ 48,671
(35) UNIVERSITY OF ARKANSAS COMMUNITY
COLLEGE AT BATESVILLE FUND $ 83,954
(36) UNIVERSITY OF ARKANSAS COMMUNITY
COLLEGE AT HOPE FUND $ 15,707
(37) UNIVERSITY OF ARKANSAS COMMUNITY
COLLEGE AT MORRILTON FUND $ 124,438
(38) BLACK RIVER TECHNICAL COLLEGE FUND $ 73,274
(39) OUACHITA TECHNICAL COLLEGE FUND $ 49,084
(40) OZARKA COLLEGE FUND $ 57,177
(41) PULASKI TECHNICAL COLLEGE FUND $ 357,065
(42) SOUTHEAST ARKANSAS COLLEGE FUND $ 42,170
History. Acts 1973, No. 750, § 11; 1974 No. 296, § 13; 2011, No. 1095, § 17; 2011,
(1st Ex. Sess.), No. 90, § 1; 1975, No. 868, No. 1115, § 17.
§ 15; 1977, No. 955, § 1; 1977 (1st Ex. Amendments. The 2009 amendment
Sess.), No. 7, § 1; 1979, No. 1115, § 1; by identical acts Nos. 1440 and 1441 re-
1981, No. 937, § 1; 1983, No. 801, § 12; wrote the section.
1983 (1st Ex. Sess.), No. 119, § 1; 1985, The 2010 amendment by identical acts
No. 888, § 25; A.S.A. 1947, § 13-515; Acts Nos. 262 and 296 rewrote all dollar
1987, No. 928, § 15; 1989, No. 629, § 15; amounts under the "Maximum Allocation"
1991, No. 1135, § 14; 1993, No. 1073, heading throughout the section; substi-
§ 32; 1995, No. 1163, § 32; 1997, No. tuted "four billion four hundred forty-four
1248, § 29; 1999, No. 1463, § 31; 2001, million three hundred eighty-six thou-
No. 1646, § 30; 2003 (1st Ex. Sess.), No. sand eight hundred eighty-six dollars
55, § 40; 2005, No. 2282, § 17; 2005, No. ($4,444,386,886)" for "four billion four
2316, § 17; 2007, No. 1032, § 35; 2007, hundred ninety-eight million seven hun-
No. 1201, § 35; 2009, No. 1440, § 8; 2009, dred forty-nine thousand one hundred
No. 1441, § 8; 2010, No. 262, § 13; 2010, twelve dollars ($4,498,749,112)" in the in-
19-5-403
PUBLIC FINANCE
90
troductory language of (a); deleted (b-1);
substituted "thirty-four million five hun-
dred thirteen thousand one hundred four-
teen dollars ($34,513,114)" for "thirty-nine
million four hundred twelve thousand
four hundred ninety-two dollars
19-5-403. [Repealed.]
($39,412,492)" in (b); and substituted
"2010-2011 and thereafter" for "2009-
2010" in the section heading.
The 2011 amendment by identical acts
Nos. 1095 and 1115 rewrote the section.
Publisher's Notes. This section, con-
cerning allocations for fiscal year 2008-
2009 and thereafter, was repealed by Acts
2010, No. 262 § 3, and Acts 2010, No. 296,
§ 3, effective July 1, 2010. The section
was derived from Acts 1973, No. 750, § 11;
1974 (1st Ex. Sess.), No. 90, § 1; 1975, No.
868, § 15; 1977, No. 955, § 1; 1977 (1st
Ex. Sess.), No. 7, § 1; 1979, No. 1115, § 1;
1981, No. 937, § 1; 1983, No. 801, § 12;
1983 1st (1st Ex. Sess.), No. 119, § 1;
1985, No. 888, § 25; A.S.A. 1947, § 13-
515; Acts 1987, No. 928, § 15; 1989, No.
629, § 16; 1991, No. 1135, § 13; 1993, No.
1073, § 31; 1995, No. 1163, § 33; 1997,
No. 1248, § 30; 1999, No. 1463, § 32;
2001, No. 1646, § 31; 2003 (1st Ex. Sess.),
No. 55, § 41; 2005, No. 2282, § 18; 2005,
No. 2316, § 18; 2007, No. 1032, § 36;
2007, No. 1201, § 36.
19-5-404. [Repealed.]
Publisher's Notes. This section, con-
cerning the maximum allocations of rev-
enues for fiscal year 2008 - 2009 and
thereafter, was repealed by Acts 2010, No.
262 § 4, and Acts 2010, No. 296, § 4,
effective July 1, 2010. The section was
derived from Acts 1973, No. 750, § 11;
1974 (1st Ex. Sess.), No. 90, § 1; 1975, No.
868, § 15; 1977, No. 955, § 1; 1977 (1st
Ex. Sess.), No. 7, § 1; 1979, No. 1115, § 1;
1981, No. 937, § 1; 1983, No. 801, § 12;
1983 (1st Ex. Sess.), No. 119, § 1; 1985,
No. 888, § 25; A.S.A. 1947, § 13-515; Acts
1987, No. 928, § 15; 1989, No. 629, § 17;
1991, No. 1135, § 15; 1993, No. 1073,
§ 33; 1995, No. 1163, § 34; 1997, No.
1248, § 31; 1999, No. 1463, § 33; 2001,
No. 1646, § 32; 2003 (1st Ex. Sess.), No.
55, § 42; 2005, No. 2282, § 19; 2005, No.
2316, § 19; 2007, No. 1032, § 37; 2007,
No. 1201, § 37.
19-5-405. Authority of Treasurer of State.
The Treasurer of State, in calculating the proportionate share of the
maximum allocation to determine the monthly distribution of net
general revenues available for distribution for each fund or fund
account, as authorized in this subchapter, shall compute the calculation
of five (5) digits to the right of the decimal point, "rounded off'. In the
event the Treasurer of State shall determine that there are errors in
any of the totals of the respective funds or fund accounts for which
distributions are authorized in this subchapater, the maximum alloca-
tion authorized for each fund and fund account within each subsection
shall govern with respect to the allocation to be made to those funds and
fund accounts. The Treasurer of State is authorized to correct errors in
totals thereof, as reflected in this subchapter, prior to computing the
calculations of the proportionate share of the maximum allocations to
be determined in making monthly distributions of net general revenues
available for distribution for each fund or fund account, as authorized
within the respective priorities set forth in this subchapter.
91
REVENUE STABILIZATION LAW
19-5-501
History. Acts 1973, No. 750, § 11; 1974
(1st Ex. Sess.), No. 90, § 1; 1975, No. 868,
§ 15; 1977, No. 955, § 1; 1977 (1st Ex.
Sess.), No. 7, § 1; 1979, No. 1115, § 1;
1981, No. 937, § 1; 1983, No. 801, § 12;
1983 (1st Ex. Sess.), No. 119, § 1; 1985,
No. 888, § 25; A.S.A. 1947, § 13-515; Acts
1987, No. 928, § 15; 2010, No. 262, § 5;
2010, No. 296, § 5.
Amendments. The 2010 amendment
by identical acts Nos. 262 and 296 substi-
tuted "this subchapter" for "§§ 19-5-401
— 19-5-406" three times.
19-5-406. Transfer of remaining revenues.
After making the maximum annual allocation, as provided in § 19-
5-402, all remaining general revenues available for distribution during
each fiscal year shall be transferred on the last day of business in each
calendar month to the General Revenue Allotment Reserve Fund, there
to be used for the respective purposes as provided by law.
History. Acts 1973, No. 750, § 11; 1974 No. 888, § 25; A.S.A. 1947, § 13-515; Acts
(1st Ex. Sess.), No. 90, § 1; 1975, No. 868,
§ 15; 1977, No. 955, § 1; 1977 (1st Ex.
Sess.), No. 7, § 1; 1979, No. 1115, § 1;
1981, No. 937, § 1; 1983, No. 801, § 12;
1983 (1st Ex. Sess.), No. 119, § 1; 1985,
1987, No. 928, § 15; 2010, No. 262, § 6;
2010, No. 296, § 6.
Amendments. The 2010 amendment
by identical acts Nos. 262 and 296 deleted
"and 19-5-404" following "§§ 19-5-402."
Subchapter 5 — Budget Stabilization Trust Fund
SECTION.
19-5-501. Fund generally.
Effective Dates. Acts 2011, No. 1095,
§ 18: July 1, 2011. Emergency clause pro-
vided: "It is hereby found and determined
by the General Assembly of the State of
Arkansas that changes in the state's fiscal
laws must take effect at the beginning of
the fiscal year, that if the current legisla-
tive session is extended such that the 90
day period is later than July 1, 2011 the
changes will not be timely. Therefore, an
emergency is declared to exist, and this
act being immediately necessary for the
preservation of the public peace, health,
and safety shall become effective on July
1, 2011."
Acts.2011, No. 1115, § 18: July 1, 2011.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that if the current legislative session
is extended such that the 90 day period is
later than July 1, 2011 the changes will
not be timely. Therefore, an emergency is
declared to exist, and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on July 1, 2011."
19-5-501. Fund generally.
(a)(1) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Budget Stabilization Trust Fund".
(2) The Budget Stabilization Trust Fund shall consist of funds made
available and transferred to it from the Securities Reserve Fund as set
19-5-501 PUBLIC FINANCE 92
out in § 19-5-905 and this section, the fund balance and other assets
remaining in the State Budget Revolving Fund on June 30, 1987, and
any other funds made available by law. The Treasurer of State, after
complying with § 27-70-204 for distributing interest income earned
from investment of average daily balances of the State Highway and
Transportation Department Fund; § 15-41-110 for distributing interest
earned from investment of average daily balances of the Game Protec-
tion Fund; and any other laws enacted by the General Assembly for
disposition of interest income earned from investment of average daily
State Treasury balances, shall credit to the Budget Stabilization Trust
Fund fifty percent (50%) of the interest income received and credited to
the Securities Reserve Fund and credit to the General Improvement
Fund fifty percent (50%) of the interest income received and credited to
the Securities Reserve Fund as certified by the Chief Fiscal Officer of
the State.
(b) The Budget Stabilization Trust Fund shall be used for the
purpose of:
(1)(A) Making temporary loans to those funds and fund accounts as
set out in § 19-5-401 et seq., to the Department of Correction Farm
Fund for farm production purposes, to the Department of Correction
Prison Industry Fund, to the Department of Parks and Tourism Fund
Account, to the Income Tax Refund Fund, to the Gasoline Tax Refund
Fund, to the Interstate Motor Fuel Tax Refund Fund, and to the
various funds established in the Revenue Classification Law of
Arkansas, § 19-6-101 et seq., and any other funds or fund accounts as
may be specified elsewhere in this section. The loans made to the
funds and fund accounts set out in § 19-5-401 et seq. shall be repaid
on or before June 30 of the fiscal year in which the loan is made,
except as provided elsewhere in this section.
(B) The loans made to the Department of Correction Farm Fund
are to be repaid on or before June 30 of the fiscal year following the
fiscal year in which the loan was made after the amount of the
outstanding loan made the previous fiscal year has been reduced by
the value of products produced or processed on the farm that were
consumed by inmates and other authorized personnel, in amounts as
determined and certified by the Legislative Auditor to the Chief
Fiscal Officer of the State. Processed beef purchased by the Depart-
ment of Correction must be U.S. labeled. The value of products
produced or processed on the farm that were consumed by inmates
and other authorized personnel shall be based upon prices obtained
by the Department of Correction and the State Procurement Director
for purchasing similar products and quantities on the open market
for other state agencies, institutions, and universities. However, the
Chief Fiscal Officer of the State may grant an extension not to exceed
sixty (60) days for repayment of loans made to the Department of
Correction Farm Fund upon receipt by the Chief Fiscal Officer of the
State of a certification by the Director of the Department of Correc-
tion that farm products are held in storage or are on hand that exceed
93 REVENUE STABILIZATION LAW 19-5-501
in market value the amount of loans that are due, and the Chief
Fiscal Officer of the State may grant an additional extension not to
exceed sixty (60) days for repayment of the loan made to the
Department of Correction Farm Fund, after obtaining the advice of
the Legislative Council in regard to a request from the Department of
Correction for the additional sixty-day extension for repayment of the
loan. Loans made to the Department of Correction Prison Industry
Fund for operation expenses shall be repaid on or before June 30 of
the fiscal year in which the loan was made, but loans made for the
purchase of equipment necessary for implementing the various
industries shall be repaid from time to time.
(C) The loans made to the Income Tax Refund Fund, to the
Gasoline Tax Refund Fund, to the Interstate Motor Fuel Tax Refund
Fund, and to those other funds established in the Revenue Classifi-
cation Law, § 19-6-101 et seq., are to be repaid on the last day of the
month of which the loan was made. However, loans made to the
Department of Human Services Fund during June of any fiscal year
for making cash assistance payments to eligible individuals under
the Temporary Assistance for Needy Families Program for delivery
on or about July 1 of the following fiscal year shall be repaid on or
before July 31 of the fiscal year following the fiscal year in which the
loan was made; and loans made to the Department of Human
Services for the Developmental Disabilities Services Fund Account
and the Behavioral Health Services Fund Account in the last month
of a fiscal year for federal reimbursement for Medicaid and Medicare
eligible services shall be repaid immediately upon receipt of reim-
bursement but no later than July 31 of the fiscal year following the
fiscal year in which the loan was made.
(D) The maximum amount of funds that may be loaned to the
funds established in the Revenue Classification Law, § 19-6-101 et
seq., shall be ninety-seven percent (97%) of the estimated revenues to
be deposited into the State Treasury during that month to the credit
of the State Apportionment Fund and which will become available to
that operating fund at the end of the month, excluding the Depart-
ment of Correction Farm Fund, the Department of Correction Prison
Industry Fund, the Department of Arkansas State Police Fund, and
the State Forestry Fund. Loans and distribution of general revenue
funds made to the County Aid Fund and the Municipal Aid Fund are
to be made on the basis and to the extent of the funds estimated to be
available as set out in § 19-5-402(a) so that an equal monthly
distribution of general revenues is made, based upon the Chief Fiscal
Officer of the State's monthly forecasts of general revenue distribu-
tion.
(E) Temporary loans may be made to the institutions of higher
education for operational purposes. In making these loans, the
following procedures shall be applicable. The institutions of higher
education shall submit requests for loans to both the Director of the
Department of Higher Education and the Chief Fiscal Officer of the
19-5-501 PUBLIC FINANCE 94
State setting forth the need for the loan. The requests shall include at
least the following:
(i) The current total cash balance of all accounts of the requesting
institution's cash funds;
(ii) The reasons why the cash fund balances and their general
revenue fund balances are insufficient to meet current obligations;
(hi) The anticipated duration of the loan; and
(iv) A proposed repayment schedule.
(F) The Chief Fiscal Officer of the State and the Director of the
Department of Higher Education shall review the request for the
loan. The Director of the Department of Higher Education shall
recommend, in writing, the approval or disapproval of the loan and
the reasons for the recommendation to the Chief Fiscal Officer of the
State. The Chief Fiscal Officer of the State shall review the institu-
tion's request, the funds available in the Budget Stabilization Trust
Fund, and the recommendation of the Director of the Department of
Higher Education. The Chief Fiscal Officer of the State may request
such additional information as is deemed necessary to make a
determination as to whether the request should be approved. If the
Chief Fiscal Officer of the State determines that the request is proper
and necessary for the operation of the institution and that sufficient
funds are available, the Chief Fiscal Officer of the State shall approve
the request and establish a repayment schedule for the loan. If the
Chief Fiscal Officer of the State determines that the loan is not
necessary or required, or that funds are not available, the Chief
Fiscal Officer of the State shall deny the request. The Chief Fiscal
Officer of the State shall communicate in writing to the institution
and to the Director of the Department of Higher Education the
reasons for disapproval of the requested loan. All loans made to the
institutions of higher education under the provisions of this subdivi-
sion shall be repaid in full by June 30 of the fiscal year in which the
loan was made. In the event an agency or program is established by
the General Assembly which is to be supported solely from other than
general revenues or federal funds, the Chief Fiscal Officer of the State
may make a temporary loan from the Budget Stabilization Trust
Fund to the agency or program to the extent necessary for carrying
out the intent of the enabling legislation. The amount of the loan
shall be determined by the Chief Fiscal Officer of the State, and the
loans shall be repaid in full by June 30 of the fiscal year in which the
loan was made;
(2) Making transfers to the University of Arkansas Fund on account
of interest on the University of Arkansas Endowment Fund of an
amount which, when added to the interest earned on the investment of
the endowment fund, shall not exceed the sum of six thousand six
hundred thirty-three dollars and thirty-four cents ($6,633.34) during
any fiscal year;
(3) Making transfers to the State Military Department Fund Account
of the State General Government Fund as established in § 19-5-
95 REVENUE STABILIZATION LAW 19-5-501
302(2)(A)-(C) for the purpose of providing reimbursement or immediate
funding for expenses incurred by the State Military Department on
behalf of the National Guard emergency call-up appropriation;
(4) Making transfers to the General Improvement Fund as estab-
lished in § 19-5-1005 in order to provide supplemental funding for
appropriations supported from the General Improvement Fund as may
be provided by law;
(5) Providing funding, either in whole or in part, for programs as
may be authorized by the General Assembly and which are specified as
being funded in whole or in part from the Budget Stabilizaton Trust
Fund;
(6) Making transfers to the State Highway and Transportation
Department Fund as may be authorized by law and making transfers
not to exceed one million dollars ($1,000,000) in any one (1) fiscal year
to provide the state's proportionate share of each declared emergency or
major disaster as required by the federal Disaster Relief Act of 1974;
(7) Making transfers to the Miscellaneous Revolving Fund, as estab-
lished in § 19-5-1009, to provide funding in whole or in part for
appropriations made payable from the Miscellaneous Revolving Fund;
(8) Making temporary advances to the various federal accounts of
state agencies upon certification of the pending availability of federal
funding by the director of the state agency making the request.
However, the requests shall be limited to those occasions whereby the
continued operations of the state agency programs would be seriously
impaired and unnecessary hardships would be created due to either
administrative oversight, delays by the federal government in forward-
ing the moneys, or by problems created by the federal fiscal year
conversion. Furthermore, upon receipt of the grant award authoriza-
tions or letter of credit documents, the state agency director shall
certify to the Chief Fiscal Officer of the State the amounts of temporary
advances to be recovered, whereby the Chief Fiscal Officer of the State
shall make recovery and notify the Treasurer of State and the Auditor
of State of the recovery. Furthermore, the temporary advances shall be
recovered on or before June 30 of the fiscal year in which the temporary
advances were made; and
(9) Those functions formerly performed by the State Budget Revolv-
ing Fund.
(c) In addition to the purposes for which the Budget Stabilization
Trust Fund may be used as set forth in this section, the fund shall also
be used to make temporary loans to the Constitutional Officers Fund
and the State Central Services Fund. Loans made to the Constitutional
Officers Fund and the State Central Services Fund under the provisions
of this section shall be repaid on or before June 30 of the fiscal year in
which the loans are made.
(d) The Chief Fiscal Officer of the State is authorized to transfer up
to a maximum of four million dollars ($4,000,000) from the Budget
Stabilization Trust Fund to the State Central Services Fund, only in
those instances when obligations incurred by the State Central Services
19-5-506
PUBLIC FINANCE
96
Fund are estimated to exceed or are actually exceeding estimated or
actual available resources. The transfer shall also be utilized to provide
a level of funding, for those appropriations made payable from the State
Central Services Fund, equal to the previous year's expenditure or the
current year appropriation, whichever is less, in the event that income
from all sources does not provide that funding level. Any transfer made
as authorized in this section shall require the review and advice of the
Legislative Council prior to the transfer of those funds.
History. Acts 1973, No. 750, § 8; 1977,
No. 5, § 2; A.S.A. 1947, §§ 13-523a, 13-
531; 1987, No. 928, § 9; 1987, No. 945,
§§ 4, 7; 1987 (1st Ex. Sess.), No. 14, § 1;
1987 (1st Ex. Sess.), No. 24, § 1; 1987 (1st
Ex. Sess.), No. 59, § 1; 1991, No. 1085,
§ 28; 1993, No. 618, §§ 12, 13; 1993, No.
643, § 1; 1995, No. 171, § 1; 1997, No.
1248, §§ 36, 37; 2001, No. 1646, §§ 5-7;
2011, No. 1095, § 6; 2011, No. 1115, § 6.
Amendments. The 2011 amendment
by identical acts Nos. 1095 and 1115 sub-
stituted "Behavioral Health Services
Fund Account" for "Mental Health Ser-
vices Fund Account" in (b)(1)(C).
19-5-506. Financial aid programs.
A.C.R.C. Notes. Acts 2011, No. 1065,
§ 18, provided: "LOANS. In order to pro-
vide timely payments under financial aid
appropriations made in this Act, the Chief
Fiscal Officer of the State is authorized to
provide loans from the Budget Stabiliza-
tion Trust Fund to make available all
funds attributable to the financial aid
programs under the then current official
revenue estimates. In the event of an
unanticipated state revenue shortfall, any
such loans remaining at the end of a fiscal
year shall be repaid from revenues dis-
tributed in the first two months of the
next fiscal year. Funds for appropriations
made in this Act for purposes other than
financial aid shall not be affected by the
application of this provision.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Subchapter 6 — Municipal and County Aid Funds
A.C.R.C. Notes. Acts 2011, No. 322,
§ 11, provided: "LOANS TO CITIES AND
COUNTIES. On July 1 of each fiscal year,
the Chief Fiscal Officer of the State shall
request a transfer by the State Treasurer
from the Budget Stabilization Trust Fund
to the County Aid Fund and to the Munici-
pal Aid Fund to assist the various cities
and counties in meeting cash flow needs
early in the state fiscal year. The transfer
shall be a loan to be repaid in equal
installments from general revenue distri-
butions each month during the fiscal year
for which the loan was made and shall be
in addition to any other loans authorized
by law for the County Aid and Municipal
Aid Funds. The amount of such loan for
each fiscal year shall be $3,517,657 to the
Municipal Aid Fund and $1,906,079 to the
County Aid Fund, or so much thereof as
may be available in the Budget Stabiliza-
tion Trust Fund as determined by the
Chief Fiscal Officer of the State. Upon
such transfer being completed, the State
Treasurer shall immediately distribute
such funds to each of the several munici-
palities and counties in the same manner
as general revenues are distributed.
"It is the intent of the General Assembly
that the Chief Fiscal Officer of the State
and the State Treasurer shall make every
reasonable, and financially sound effort to
insure that local governments receive the
full amount of the loan authorized herein
on July 1 of each year and that the monies
authorized for local governments from
general revenues be distributed in equal
monthly payments.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Acts 2011, No. 322, § 12, provided:
97
REVENUE STABILIZATION LAW
19-5-506
"CARRY FORWARD. At the close of each
fiscal year any unexpended funds for the
County Aid and Municipal Aid line items
shall be carried forward and made avail-
able for the same purpose for the next
fiscal year.
"Any carry forward of unexpended bal-
ance of funding as authorized herein, may
be carried forward under the following
conditions:
"(1) Prior to June 30, 2012 the Agency
shall by written statement set forth its
reason(s) for the need to carry forward
said funding to the Department of Fi-
nance and Administration Office of Bud-
get;
"(2) The Department of Finance and
Administration Office of Budget shall re-
port to the Arkansas Legislative Council
all amounts carried forward by the Sep-
tember Arkansas Legislative Council or
Joint Budget Committee meeting which
report shall include the name of the
Agency, Board, Commission or Institution
and the amount of the funding carried
forward, the program name or line item,
the funding source of that appropriation
and a copy of the written request set forth
in (1) above;
"(3) Each Agency, Board, Commission or
Institution shall provide a written report
to the Arkansas Legislative Council or
Joint Budget Committee containing all
information set forth in item (2) above,
along with a written statement as to the
current status of the project, contract,
purpose etc. for which the carry forward
was originally requested no later than
thirty (30) days prior to the time the
Agency, Board, Commission or Institution
presents its budget request to the Arkan-
sas Legislative Council/Joint Budget
Committee; and
"(4) Thereupon, the Department of Fi-
nance and Administration shall include
all information obtained in item (3) above
in the budget manuals and/or a statement
of non-compliance by the Agency, Board,
Commission or Institution.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Subchapter 9 — Trust Funds
SECTION.
19-5-911. Second Injury Trust Fund.
19-5-912. Department of Workforce Ser-
vices Trust Fund.
19-5-921. Educational Buildings Mainte-
nance Fund.
19-5-924. Workers' Compensation Fund.
19-5-925. Death and Permanent Total
Disability Trust Fund.
19-5-930. Hazardous Substance Reme-
dial Action Trust Fund.
941. [Repealed.]
945. Court Awards Fund.
950. Crime Victims Reparations Re-
volving Fund.
19-5
19-5
19-5
SECTION.
19-5-953. Long-Term Care Trust Fund.
19-5-957. Identification Pending Trust
Fund for Local Sales and
Use Taxes. [Effective Octo-
ber 1, 2011.]
19-5-961. Solid Waste Management and
Recycling Fund.
19-5-977. [Repealed.]
19-5-998. Abandoned Agricultural Pesti-
cide and Plant Regulator
Disposal Trust Fund.
Effective Dates. Acts 2009, Nos. 1440
and 1441, § 11: July 1, 2009. Emergency
clause provided: "It is hereby found and
determined by the General Assembly of
the State of Arkansas that changes in the
state's fiscal laws must take effect at the
beginning of the fiscal year, that if the
current legislative session is extended
such that the 90 day period is later than
July 1, 2009 the changes will not be
timely. Therefore, an emergency is de-
clared to exist and this act being immedi-
ately necessary for the preservation of the
public peace, health, and safety shall be-
come effective on July 1, 2009."
Acts 2009, No. 1469, § 32: Apr. 10,
2009. Emergency clause provided: "It is
found and determined by the General As-
sembly of the State of Arkansas that it is
the state's constitutional obligation to pro-
19-5-911
PUBLIC FINANCE
98
vide a general, suitable, and efficient free
system of public schools in the state; that
the public school funding distribution
changes in this act are needed to ensure
that proper funding is provided to the
affected public schools and school dis-
tricts; and that this act is immediately
necessary so that the affected public
schools and school districts will receive
the amount of funding for the current
school year. Therefore, an emergency is
declared to exist and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on: (1) The date of its
approval by the Governor; (2) If the bill is
neither approved nor vetoed by the Gov-
ernor, the expiration of the period of time
during which the Governor may veto the
bill; or (3) If the bill is vetoed by the
Governor and the veto is overridden, the
date the last house overrides the veto."
Acts 2010, No. 262, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2010, No. 296, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2011, No. 828, § 11: Oct. 1, 2011.
Effective date clause provided: "Sections 1
through 10 of this act are effective on the
first day of the calendar quarter following
the effective date of this act [July 27,
2011]."
Acts 2011, No. 1011, § 8: July 1, 2011.
Emergency clause provided: "It is found
and determined by the General Assembly
of the State of Arkansas that lead and
lead-based paint have been determined to
be a human health concern posing an
immediate danger to children, families,
and the environment; and that this act is
immediately necessary to prevent irrepa-
rable harm to children in this state.
Therefore, an emergency is declared to
exist, and this act being immediately nec-
essary for the preservation of the public
peace, health, and safety shall become
effective on July 1, 2011."
19-5-911. Second Injury Trust Fund.
A.C.R.C. Notes. Acts 2010, No. 129,
§ 9, provided: "INVESTMENTS. All such
funds as are held at any time in the Death
and Permanent Total Disability Trust
99 REVENUE STABILIZATION LAW 19-5-921
Fund, Second Injury Trust Fund, and the Death and Permanent Total Disability
Workers' Compensation Fund shall be in- Trust Fund, Second Injury Trust Fund,
vested and reinvested to the extent fea- and the Workers' Compensation Fund
sible, all such investments as authorized s hall be invested and reinvested to the
for use by the Office ofthe Treasurer shall extent f eas ible, all such investments as
be available to the listed funds The move- authorized for use b the office of the
ment of these funds into and out of invest- m u n u -i u *- ii. ri j
ments shall be by fund transfers as di- ?" e f U T* sha11 be a ™\ a ™ e to the listed
rected by the Chief Executive Officer of fUn J ds - ^ movement of these funds into
the Workers' Compensation Commission." and out of investments shall be by fund
Acts 2011, No. 917, § 7, provided: "SPE- transfers as directed by the Chief Execu-
CIAL LANGUAGE. INVESTMENTS. All tive Officer ofthe Workers' Compensation
such funds as are held at any time in the Commission."
19-5-912. Department of Workforce Services Trust Fund.
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a trust fund
to be known as the "Department of Workforce Services Trust Fund".
(b) The fund shall consist of such revenues as may be authorized by
the federal government for support of various programs within the
Department of Workforce Services, any interest accruing on these
revenues, and any other funds made available by the General Assembly.
(c) The fund shall be used for the payment of program expenses of
the department.
History. Acts 1973, No. 750, § 8; A.S.A. partment" in the section heading; substi-
1947, § 13-531; Acts 1995, No. 308, § 1; tuted "Department of Workforce Services"
2009, No. 251, § 12. for "Arkansas Employment Security De-
Amendments. The 2009 amendment partment" in (a); and made minor punc-
substituted "Department of Workforce tuation and stylistic changes.
Services" for "Employment Security De-
19-5-921. Educational Buildings Maintenance Fund.
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a trust fund
to be known as the "Educational Buildings Maintenance Fund".
(b) The fund shall consist of rents and any other revenues that are
made available by law.
(c) The fund shall be used for the purposes of operating expenses,
maintenance, renovations, and repairs.
History. Acts 1973, No. 750, § 8; A.S.A. be deemed payable from the Educational
1947, § 13-531; Acts 2009, No. 1469, § 28. Buildings Maintenance Fund."
A.C.R.C. Notes. Acts 2009, No. 1469, Amendments. The 2009 amendment
§ 29, provided: "Any appropriation or substituted "Buildings Maintenance" for
funds payable from the former Educa- "Building Revenue Bond" in the section
tional Building Revenue Bond Fund shall heading; and rewrote the section.
19-5-924
PUBLIC FINANCE
100
19-5-924. Workers' Compensation Fund,
A.C.R.C. Notes. Acts 2010, No. 129,
§ 9, provided: "INVESTMENTS. All such
funds as are held at any time in the Death
and Permanent Total Disability Trust
Fund, Second Injury Trust Fund, and the
Workers' Compensation Fund shall be in-
vested and reinvested to the extent fea-
sible, all such investments as authorized
for use by the Office of the Treasurer shall
be available to the listed funds. The move-
ment of these funds into and out of invest-
ments shall be by fund transfers as di-
rected by the Chief Executive Officer of
the Workers' Compensation Commission."
Acts 2011, No. 917, § 7, provided: "SPE-
CIAL LANGUAGE. INVESTMENTS. All
such funds as are held at any time in the
Death and Permanent Total Disability
Trust Fund, Second Injury Trust Fund,
and the Workers' Compensation Fund
shall be invested and reinvested to the
extent feasible, all such investments as
authorized for use by the Office of the
Treasurer shall be available to the listed
funds. The movement of these funds into
and out of investments shall be by fund
transfers as directed by the Chief Execu-
tive Officer of the Workers' Compensation
Commission."
19-5-925. Death and Permanent Total Disability Trust Fund.
A.C.R.C. Notes. Acts 2010, No. 129,
§ 9, provided: "INVESTMENTS. All such
funds as are held at any time in the Death
and Permanent Total Disability Trust
Fund, Second Injury Trust Fund, and the
Workers' Compensation Fund shall be in-
vested and reinvested to the extent fea-
sible, all such investments as authorized
for use by the Office of the Treasurer shall
be available to the listed funds. The move-
ment of these funds into and out of invest-
ments shall be by fund transfers as di-
rected by the Chief Executive Officer of
the Workers' Compensation Commission."
Acts 2011, No. 917, § 7, provided: "SPE-
CIAL LANGUAGE. INVESTMENTS. All
such funds as are held at any time in the
Death and Permanent Total Disability
Trust Fund, Second Injury Trust Fund,
and the Workers' Compensation Fund
shall be invested and reinvested to the
extent feasible, all such investments as
authorized for use by the Office of the
Treasurer shall be available to the listed
funds. The movement of these funds into
and out of investments shall be by fund
transfers as directed by the Chief Execu-
tive Officer of the Workers' Compensation
Commission."
19-5-930. Hazardous Substance Remedial Action Trust Fund.
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Hazardous Substance Remedial Action Trust Fund".
(b) This fund shall consist of all moneys appropriated by the General
Assembly to the Hazardous Substance Remedial Action Trust Fund,
gifts, donations, interest earnings, fees on the generation of hazardous
waste, punitive damages, penalties, and any other moneys legally
designated, with the exception of those moneys deposited into the
Environmental Education Fund as set out in § 8-7-509(d), all moneys
received as penalties under §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229,
8-4-301 — 8-4-313, 8-6-201 — 8-6-214, 8-7-201 — 8-7-226, 8-7-504, and
20-27-1001 — 20-27-1007, and all punitive damages collected under
§ 8-7-517, there to be administered by the Director of the Arkansas
Department of Environmental Quality as provided in § 8-7-509.
History. Acts 1973, No. 750, § 8; 1985,
No. 888, § 12;A.S.A. 1947, § 13-531; Acts
1987, No. 928, § 4; 1993, No. 1073, § 6;
1999, No. 1164, § 159; 2007, No. 1032,
101
REVENUE STABILIZATION LAW
19-5-950
§ 15; 2007, No.
1011, § 4.
Amendments.
1201, § 15; 2011, No.
The 2011 amendment
deleted "8-4-401
4-313" in (b).
8-4-409" following "8-
19-5-941. [Repealed.]
Publisher's Notes. This section, con-
cerning the establishment of the Arkansas
Science and Technology Authority Endow-
ment Fund, was repealed by Acts 2010,
No. 262, § 7, and Acts 2010, No. 296, § 7,
effective July 1, 2010. The section was
derived from Acts 1987, No. 928, § 5.
19-5-945. Court Awards Fund.
A.C.R.C. Notes. Acts 2011, No. 1104,
§ 14, provided: "COURT AWARDS FUND
TRANSFER PROVISION. Monies depos-
ited in the Court Awards Fund each fiscal
year may be used for motor vehicle pur-
chases and associated taxes and/or motor
vehicle equipping and renovation costs,
agency operational needs and capital im-
provements for the Department of Arkan-
sas State Police. Provided however, funds
received from the Special State Assets
Forfeiture Fund shall be deposited into
the Court Awards Fund to be used by the
Department of Arkansas State Police for
law enforcement purposes consistent with
governing federal law. The Department of
Arkansas State Police may also request a
fund transfer from the Court Awards
Fund or the Department of Arkansas
State Police Fund to the Motor Vehicle
Acquisition Revolving Fund. The provi-
sions of this section shall be subject to
prior review and approval of the Arkansas
Legislative Council or Joint Budget Com-
mittee.
"Determining the maximum number of
employees and the maximum amount of
appropriation and general revenue fund-
ing for a state agency each fiscal year is
the prerogative of the General Assembly.
This is usually accomplished by delineat-
ing such maximums in the appropriation
act(s) for a state agency and the general
revenue allocations authorized for each
fund and fund account by amendment to
the Revenue Stabilization law. Further,
the General Assembly has determined
that the Department of Arkansas State
Police may operate more efficiently if
some flexibility is provided to the Depart-
ment of Arkansas State Police authorizing
broad powers under this Section. There-
fore, it is both necessary and appropriate
that the General Assembly maintain over-
sight by requiring prior approval of the
Legislative Council or Joint Budget Com-
mittee as provided by this section. The
requirement of approval by the Legisla-
tive Council or Joint Budget Committee is
not a severable part of this section. If the
requirement of approval by the Legisla-
tive Council or Joint Budget Committee is
ruled unconstitutional by a court of com-
petent jurisdiction, this entire section is
void.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
19-5-950. Crime Victims Reparations Revolving Fund.
A.C.R.C. Notes. Acts 2011, No. 1103,
§ 61, provided: "YEARLY FUND TRANS-
FERS. On July 1, 2010 and each July 1,
thereafter, if the fund balance of the
Crime Victims Reparation Revolving
Fund falls below one million dollars
($1,000,000), the Chief Fiscal Officer of
the State may transfer on his or her books
and those of the State Treasurer and the
Auditor of the State a sum not to exceed
one million dollars ($1,000,000) or so
much thereof as is available from fund
balances that exceed seven million dollars
($7,000,000) as determined by the Chief
Fiscal Officer of the State, from the State
Administration of Justice Fund to the
Crime Victims Reparations Revolving
Fund to provide funds for personal ser-
vices, operating expenses and claims for
the Office of the Attorney General —
Crime Victims Reparations Program.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
19-5-953 PUBLIC FINANCE 102
19-5-953. Long-Term Care Trust Fund.
(a) There is hereby established on the books of the Treasurer of
State, the Auditor of State, and the Chief Fiscal Officer of the State a
fund to be known as the "Long-Term Care Trust Fund".
(b) This fund shall consist of all moneys and interest received from
the imposition of civil penalties levied by the state on long-term care
facilities found to be out of compliance with the requirements of federal
or state law or regulations, there to be administered by the Director of
the Department of Human Services solely for the protection of the
health or property of residents of long-term care facilities, including,
but not limited to, the payment for the costs of relocation of residents to
other facilities, maintenance and operation of a facility pending correc-
tion of deficiencies or closure, and reimbursement of residents for
personal funds lost.
(c) Funds from the Long-term Care Trust Fund may also be admin-
istered by the Director of the Department of Human Services for
programs or uses that, in the determination of the Director of the Office
of Long-Term Care, enhance the quality of life for long-term care facility
residents through the adoption of principles and building designs
established by the Eden Alternative or Green House programs or other
means.
History. Acts 1989, No. 629, § 11; Amendments. The 2009 amendment
2009, No. 251, § 13. added (c).
19-5-957. Identification Pending Trust Fund for Local Sales and
Use Taxes. [Effective October 1, 2011.]
(a) There is hereby established on the books of the Treasurer of
State, the Auditor of State, and the Chief Fiscal Officer of the State a
fund to be known as the "Identification Pending Trust Fund for Local
Sales and Use Taxes".
(b) The fund shall consist of money reported as local sales and use
taxes collected in local taxing jurisdictions that are not immediately
identifiable and money collected in local jurisdictions that have no tax,
and the money in the fund is to be used for transfers to the Local Sales
and Use Tax Trust Fund when a local tax jurisdiction is identified for
money and for transfers to general revenues when the total amount in
this fund exceeds fifty thousand dollars ($50,000) as stated in §§ 26-
74-221, 26-74-317, and 26-82-113, and shall also consist of vending
devices sales taxes, § 26-57- 1002(d)(2), and that portion of vending
devices decal fees and penalties, §§ 26-57-1206 and 26-57-1208(b)(2),
there to be distributed to cities and counties under §§ 26-74-
221(a)(2)(C)(ii), 26-75-223(a)(2)(C)(ii), and 26-82-113(a)(2)(A)(ii).
History. Acts 1991, No. 1135, § 10; effective until October 1, 2011, see the
1999, No. 1463, § 14; 2011, No. 828, § 7. bound volume.
Publisher's Notes. For text of section Amendments. The 2011 amendment,
103 REVENUE STABILIZATION LAW 19-5-998
in (b), inserted "and 26-82-113" and added provided: "Sections 1 through 10 of this
"and 26-82-113(a)(2)(A)(ii)" at the end. act are effective on the first day of the
Effective Dates. Acts 2011, No. 828, calendar quarter following the effective
§ 11: Oct. 1, 2011. Effective date clause date of this act [July 27, 2011].
19-5-961. Solid Waste Management and Recycling Fund.
(a) There is hereby established on the books of the Treasurer of
State, the Auditor of State, and the Chief Fiscal Officer of the State a
fund to be known as the "Solid Waste Management and Recycling
Fund".
(b) Such fund shall consist of those special revenues specified in
§§ 19-6-301(154) and 19-6-301(239), reimbursement of funds pursuant
to § 8-6-610, federal funds which may become available, interest
earnings, gifts, donations, and any other funds made available by the
General Assembly, there to be administered by the Arkansas Depart-
ment of Environmental Quality as set out in the Solid Waste Manage-
ment and Recycling Fund Act, § 8-6-601 et seq.
History. Acts 1991, No. 1135, § 10; Amendments. The 2009 amendment
1999, No. 1164, § 161; 2009, No. 1440, by identical acts Nos. 1440 and 1441 in-
§ 2; 2009, No. 1441, § 2. serted "and (239)" in (b).
19-5-977. [Repealed.]
Publisher's Notes. This section, con- No. 251, § 14. The section was derived
cerning the Home Delivered Meal Fund from Acts 1991, No. 172, § 3.
for the Elderly, was repealed by Acts 2009,
19-5-998. Abandoned Agricultural Pesticide and Plant Regula-
tor Disposal Trust Fund.
(a) Fund Created.
(1) There is hereby created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State the "Aban-
doned Agricultural Pesticide and Plant Regulator Disposal Trust Fund"
to consist of funds transferred therein from the Remedial Action Trust
Fund and such other funds as are made available by law.
(2) The fund shall be used by the State Plant Board to defray the
costs of developing and implementing a plan for the disposal of
abandoned agricultural pesticides and plant regulators.
(b) Intent of Fund. The General Assembly intends to provide a
method for disposal of agricultural pesticides which have been aban-
doned due to a change of ownership of the real property or a change in
agricultural practices in a region of the state.
(c) Definitions. As used in this section:
(1) "Abandoned" means chemicals which are no longer used and for
which there is no planned use;
(2) "Agricultural pesticide" means any substance or mixture of
substances:
19-5-998
PUBLIC FINANCE
104
(A)(i) Intended for preventing, destroying, repelling or mitigating
any pests; or
(ii) Intended for use as a plant regulator, defoliant, or desiccant;
and
(B) Intended to be used as a spray adjuvant; and
(3)(A) "Plant regulator" means any substance or mixture of sub-
stances intended through physiological action for accelerating or
retarding the rate of growth or rate of maturation or for otherwise
altering the behavior of plants or the produce thereof.
(B) The term shall not include substances to the extent that they
are intended as plant nutrients, trace elements, nutritional chemi-
cals, plant inoculants, or soil amendments.
History. Acts 1999, No. 420, §§ 3-5;
2010, No. 262, § 8; 2010, No. 296, § 8.
Amendments. The 2010 amendment
by identical acts Nos. 262 and 296 substi-
tuted "State Plant Board" for "Arkansas
Department of Enviromental Quality" in
(a)(2).
Subchapter 10 — Miscellaneous Funds
SECTION.
19-5-1002. Motor Vehicle Acquisition Re-
volving Fund.
19-5-1009. Miscellaneous Revolving
Fund.
19-5-1013. Merit Adjustment Fund.
19-5-1018. Higher Education Building
Maintenance Fund.
19-5-1020. Department of Human Ser-
vices Renovation Fund.
19-5-1024. Tax Division Fund — Public
Service Commission.
19-5-1029. Surface Coal Mining Opera-
tion Fund.
SECTION.
19-5-1030. Lead-Based Paint-Hazard
Fund.
19-5-1043. Drug Abuse Prevention and
Treatment Fund.
19-5-1048. [Repealed.]
19-5-1072. [Repealed.]
19-5-1085. Judicial Fine Collection En-
hancement Fund.
19-5-1088. Bail Bondsman Board Fund.
19-5-1095. Military Support Revolving
Fund.
Effective Dates. Acts 2009, No. 1330,
§ 35: July 1, 2009. Emergency clause pro-
vided: "It is found and determined by the
General Assembly, that the Constitution
of the State of Arkansas prohibits the
appropriation of funds for more than a one
(1) year period; that the effectiveness of
this Act on July 1, 2009 is essential to the
operation of the agency for which the
appropriations in this Act are provided,
and that in the event of an extension of
the Regular Session, the delay in the
effective date of this Act beyond July 1,
2009 could work irreparable harm upon
the proper administration and provision
of essential governmental programs.
Therefore, an emergency is hereby de-
clared to exist and this Act being neces-
sary for the immediate preservation of the
public peace, health and safety shall be in
full force and effect from and after July 1,
2009."
Acts 2010, No. 42, § 24: July 1, 2010.
Emergency clause provided: "It is found
and determined by the General Assembly,
that the Constitution of the State of Ar-
kansas prohibits the appropriation of
funds for more than a one (1) year period;
that the effectiveness of this Act on July 1,
2010 is essential to the operation of the
agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the legislative
session, the delay in the effective date of
this Act beyond July 1, 2010 could work
irreparable harm upon the proper admin-
105
REVENUE STABILIZATION LAW
istration and provision of essential gov-
ernmental programs. Therefore, an emer-
gency is hereby declared to exist and this
Act being necessary for the immediate
preservation of the public peace, health
and safety shall be in full force and effect
from and after July 1, 2010."
Acts 2010, No. 262, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2010, No. 296, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2011, No. 1011, § 8: July 1, 2011.
Emergency clause provided: "It is found
and determined by the General Assembly
of the State of Arkansas that lead and
lead-based paint have been determined to
be a human health concern posing an
immediate danger to children, families,
and the environment; and that this act is
immediately necessary to prevent irrepa-
rable harm to children in this state.
Therefore, an emergency is declared to
exist, and this act being immediately nec-
essary for the preservation of the public
peace, health, and safety shall become
effective on July 1, 2011."
Acts 2011, No. 1095, § 18: July 1, 2011.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that if the current legislative session
is extended such that the 90 day period is
later than July 1, 2011 the changes will
not be timely. Therefore, an emergency is
declared to exist, and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on July 1, 2011."
Acts 2011, No. 1115, § 18: July 1, 2011.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that if the current legislative session
is extended such that the 90 day period is
later than July 1, 2011 the changes will
not be timely. Therefore, an emergency is
declared to exist, and this act being imme-
diately necessary for the preservation of
the public peace, health, and safety shall
become effective on July 1, 2011."
19-5-1002 PUBLIC FINANCE 106
19-5-1002. Motor Vehicle Acquisition Revolving Fund.
A.C.R.C. Notes. Acts 2011, No. 1104, hide Acquisition Revolving Fund shall be
§ 16, provided: "MOTOR VEHICLE AC- used for motor vehicle purchases and/or
QUISITION REVOLVING FUND MO- motor vehicle renovation costs for the De-
TOR VEHICLE PURCHASES/RENOVA- partment of Arkansas State Police.
TION. At least fifty percent (50%) of the "The provisions of this section shall be
general revenues and/or general improve- in effect only from July 1, 2011 through
ment funds deposited into the Motor Ve- June 30, 2012."
19-5-1009. Miscellaneous Revolving Fund.
(a) There is created and established on the books of the Treasurer of
State, the Auditor of State, and the Chief Fiscal Officer of the State a
fund to be known as the "Miscellaneous Revolving Fund".
(b) This fund shall consist of such general revenues as may be
provided by the Revenue Stabilization Law, § 19-5-101 et seq., and
moneys transferred from the Budget Stabilization Trust Fund in such
amounts as may be required to provide funding for authorized expen-
ditures as appropriated by the General Assembly for:
(1) The Governor's Emergency Fund;
(2) Noncontroversial claims;
(3) Small controversial claims;
(4) Claims awarded to widows or dependent children of deceased
police officers, firefighters, and Arkansas State Highway and Transpor-
tation Department employees killed in performing their official duties;
(5) Workers' compensation claims for municipal and county employ-
ees;
(6) Claims for payment of college scholarships to surviving children
of law enforcement officers and firefighters killed in the official line of
duty;
(7) Miscellaneous tax refunds; and
(8) Livestock and poultry indemnities, not to exceed those amounts
appropriated by the General Assembly for the then-current biennial
period.
(c) Excepting disbursement for livestock and poultry indemnities,
claims awarded to widows or dependent children of deceased police
officers, firefighters, and highway employees, college scholarships to
surviving children of law enforcement officers and firefighters killed in
the official line of duty, and workers' compensation claims for municipal
and county employees, the various funds shall reimburse the Miscella-
neous Revolving Fund for expenditures made for which the Miscella-
neous Revolving Fund is the beneficiary upon request by the Chief
Fiscal Officer of the State. This reimbursement shall be done after
determining that it will not jeopardize the then-current fiscal year's
operation of the affected state agency or State Treasury fund from
which the agency is being supported. The reimbursements shall be
made to reimburse the Budget Stabilization Trust Fund.
107
REVENUE STABILIZATION LAW
19-5-1018
History. Acts 1973, No. 750, § 7; 1977,
No. 825, § 1; 1979, No. 1013, § 4; 1980
(1st Ex. Sess.), No. 39, § 2; A.S.A. 1947,
§ 13-523; Acts 1993, No. 656, § 2; 2001,
No. 1674, § 44; 2009, No. 1330, § 31.
A.C.R.C. Notes. Acts 2011, No. 1098,
§ 18, provided: "REIMBURSEMENT. The
Miscellaneous Revolving Fund shall be
reimbursed in the manner provided by
law."
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Amendments. The 2009 amendment
deleted (b)(9).
19-5-1013. Merit Adjustment Fund.
A.C.R.C. Notes. Acts 2011, No. 1095,
§ 12, provided: "FUND TRANSFER. Im-
mediately upon the effective date of this
act, or as soon thereafter as is practicable,
the Chief Fiscal Officer of the State shall
transfer on his or her books and those of
the State Treasurer and Auditor of State
the sum of twelve million dollars
($12,000,000) from the cash funds of the
State Land Department to the Merit Ad-
justment Fund."
Acts 2011, No. 1095, §13, provided:
"FUND TRANSFER. Immediately upon
the effective date of this act, the Chief
Fiscal Officer of the State shall transfer on
his or her books and those of the State
Treasurer and Auditor of State the sum of
one million dollars ($1,000,000) from the
Red River Waterways Project Trust Fund
to the Merit Adjustment Fund."
Acts 2011, No. 1095, § 14, provided:
"DEPARTMENT OF WORKFORCE SER-
VICES LOAN AND FUND TRANSFER.
Immediately upon the effective date of
this act, the Chief Fiscal Officer of the
State shall record as a loan and transfer
on his or her books and those of the State
Treasurer and Auditor of State the sum of
one million dollars ($1,000,000) from the
Workforce Services Special Fund to the
Merit Adjustment Fund."
Acts 2011, No. 1115, § 12, provided:
"FUND TRANSFER Immediately upon
the effective date of this act, or as soon
thereafter as is practicable, the Chief Fis-
cal Officer of the State shall transfer on
his or her books and those of the State
Treasurer and Auditor of State the sum of
twelve million dollars ($12,000,000) from
the cash funds of the State Land Depart-
ment to the Merit Adjustment Fund."
Acts 2011, No. 1115, § 13, provided:
"FUND TRANSFER. Immediately upon
the effective date of this act, the Chief
Fiscal Officer of the State shall transfer on
his or her books and those of the State
Treasurer and Auditor of State the sum of
one million dollars ($1,000,000) from the
Red River Waterways Project Trust Fund
to the Merit Adjustment Fund."
Acts 2011, No. 1115, §14, provided:
"DEPARTMENT OF WORKFORCE SER-
VICES LOAN AND FUND TRANSFER.
Immediately upon the effective date of
this act, the Chief Fiscal Officer of the
State shall record as a loan and transfer
on his or her books and those of the State
Treasurer and Auditor of State the sum of
one million dollars ($1,000,000) from the
Workforce Services Special Fund to the
Merit Adjustment Fund."
19-5-1018. Higher Education Building Maintenance Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Higher Education Building Maintenance Fund".
(b) This fund shall consist of those moneys received by the state
under the provisions of § 19-7-802(a)(l) [repealed] and of § 19-7-
801(b)(1) after having been transferred from the General Revenue Fund
Account of the State Apportionment Fund as specified in subsection (c)
of this section.
(c) At the close of each quarter of each state fiscal year, the Chief
Fiscal Officer of the State shall cause to be transferred on the books and
those of the Treasurer of State from the General Revenue Fund Account
19-5-1020
PUBLIC FINANCE
108
of the State Apportionment Fund to the Higher Education Building
Maintenance Fund an amount equal to those funds received under the
provisions of § 19-7-802(a)(l) [repealed] and of § 19-7-801(b)(l) during
the quarter just closed.
(d) Those funds accruing to the Higher Education Building Mainte-
nance Fund under the provisions of this section shall be disbursed by
the Director of the Department of Higher Education in accordance with
the recommendations of the Arkansas Higher Education Coordinating
Board, but only after the board shall determine the projects and
priorities for which the funds shall be used, and after the board shall
have sought the advice of the Legislative Council with respect to them.
History. Acts 1985, No. 603, §§ 1-3;
A.S.A. 1947, §§ 13-558 — 13-560; Acts
2009, No. 251, § 15.
Amendments. The 2009 amendment
inserted "the Auditor of State, and the
Chief Fiscal Officer of the State" in (a),
and made minor stylistic and punctuation
changes.
19-5-1020. Department of Human Services Renovation Fund.
A.C.R.C. Notes. Acts 2011, No. 954,
§16, provided: "HUMAN SERVICES
RENOVATION FUND.
Department of Human Services Renova-
tion Fund.
"(a) There is established on the books of
the Treasurer of State, Auditor of State,
and the Chief Fiscal Officer of the State a
fund to be known as the Department of
Human Services Renovation Fund.
"(b) This fund shall be used for con-
structing, acquiring, renovating, main-
taining, repairing, and equipping facili-
ties of the Department of Human Services
and for paying disallowances by the fed-
eral government.
"(c) The fund shall consist of:
"(1) Federal reimbursement received
by the Department of Human Services
and deposited in the various fund ac-
counts of the department; and
"(2) General revenues transferred from
the Division of Youth Services, the Divi-
sion of Behavioral Health, and the Divi-
sion of Developmental Disabilities Ser-
vices for the purposes of repairing,
renovating, equipping, acquiring and con-
structing Department of Human Services
facilities with an annual maximum of five
million dollars ($5,000,000). The projects
for which these transfers are authorized
must be projects which were unantici-
pated during the preceding regular ses-
sion of the Arkansas General Assembly
and must be projects which, if not carried
out in the interim period between regular
sessions of the Arkansas General Assem-
bly would cause greater harm to the facili-
ties, clients or programs of the Depart-
ment of Human Services than to wait
until the next regular session.
"(3) Other non-general revenue funds
as may be available within the Depart-
ment of Human Services that can be used
for the purposes of this fund.
"(d)(1) At the request of the Director of
the Department of Human Services, and
upon certification of the availability of
such funds, the Chief Fiscal Officer of the
State shall initiate the necessary transfer
documents to reflect the transfer on the
books of record of the Treasurer of State,
the Auditor of State, the Chief Fiscal Of-
ficer of the State, and the Department of
Human Services.
"(2) The Director of the Department of
Human Services shall submit any trans-
fer plan to and must receive approval of
the plan from the Chief Fiscal Officer of
the State, the Governor and the Arkansas
Legislative Council prior to the effective
date of the transfer.
"(e) Provided, that any non-general
revenue funding that may remain in the
fund at the end of any fiscal year shall be
carried over into the next fiscal year and
all obligated general revenue funding that
may remain in the fund at the end of any
fiscal year shall be carried over into the
next fiscal year to satisfy such legal and
contractual obligations that have been en-
tered into prior to the end of the fiscal
year.
109 REVENUE STABILIZATION LAW 19-5-1024
"(f) Determining the amount of funds concept, it is both necessary and appropri-
appropriated to a state agency is the pre- ate that the General Assembly maintain
rogative of the General Assembly and is oversight of the utilization of the transfer
usually accomplished by delineating spe- authority by requiring prior approval of
cine line items and by identifying the the Legislative Council in the utilization
appropriation and funding attached to of this transfer authority. Therefore, the
that line item. The General Assembly has requirement of approval by the Legisla-
determined that the Department of Hu- tive Council is not a severable part of this
man Services could be operated more effi- section. If the requirement of approval by
ciently if some flexibility is given to that the Legislative Council is ruled unconsti-
agency. That flexibility is being accom- tutionalby a court jurisdiction, this entire
plished by providing transfer authority in section is void.
subsection (d) of this section, and since the "The provisions of this section shall be
General Assembly has granted the agency in effect only from July 1, 2011 through
broad powers under the transfer authority June 30, 2012."
19-5-1024. Tax Division Fund — Public Service Commission.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a trust fund
to be known as the "Public Service Commission Tax Division Fund".
(b) This fund shall be used for the maintenance, operations, and
improvement of the Tax Division of the Arkansas Public Service
Commission in carrying out its functions, powers, and duties as set out
by law and by rule and regulation not inconsistent with law.
(c) The fund shall consist of:
(1) The proportion due the Tax Division of the Arkansas Public
Service Commission of those ad valorem taxes levied on rolling stock as
set out in §§ 26-26-1614 — 26-26-1616, as prescribed in § 19-5-906;
(2) Moneys transferred from the Public Service Commission Fund in
such amount as provided by this section in order to support those
activities of the Tax Division of the Arkansas Public Service Commis-
sion that relate to the assessment and levying of taxes on utility
property; and
(3) Moneys transferred from the Miscellaneous Agencies Fund Ac-
count in an amount that shall not exceed the difference between the
total appropriation provided by the General Assembly for the Tax
Division of the Arkansas Public Service Commission and the aggregate
total of:
(A) The prior year remaining balance in the Public Service Com-
mission Tax Division Fund; and
(B) The transfer provided from the Public Service Commission
Fund.
(d) On July 1 of each fiscal year, the amount of the transfer from the
Public Service Commission Fund to the Pubic Service Commission Tax
Division Fund shall be in an amount which is equal to sixty-five percent
(65%) of the difference between the total appropriation provided by the
General Assembly for personal services and operating expenses of the
Tax Division of the Arkansas Public Service Commission for the current
fiscal year and the balance remaining in the Pubic Service Commission
Tax Division Fund on the immediately preceding June 30.
19-5-1029 PUBLIC FINANCE 110
History. Acts 1985, No. 352, §§ 1, 2; inserted "the Auditor of State, and the
A.S.A. 1947, §§ 13-531.1, 13-531.2; Acts Chief Fiscal Officer of the State" in (a),
2009, No. 251, § 16. and made minor stylistic and punctuation
Amendments. The 2009 amendment changes.
19-5-1029. Surface Coal Mining Operation Fund.
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Surface Coal Mining Operation Fund".
(b) This fund shall consist of application and permit fees for surface
coal mining, there to be used by the Arkansas Department of Environ-
mental Quality only for the administration and enforcement of the
Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-
101 et seq., and as the state's matching percentage share for any grants
available to the state for the administration and enforcement of the
state program as denned in § 15-58-104.
History. Acts 1987, No. 928, § 3; 1999, Coal Mining and Reclamation Act of 1979"
No. 1164, § 167; 2009, No. 251, § 17. and "as denned in § 15-58-104," and made
Amendments. The 2009 amendment, a related change,
in (b), inserted "the Arkansas Surface
19-5-1030. Lead-Based Paint-Hazard Fund.
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Lead-Based Paint-Hazard Fund".
(b) This fund shall consist of all moneys remaining in the Lead-
Based Paint-Hazard Fund as of July 1, 2011, all moneys recovered
under the Arkansas Lead-Based Paint-Hazard Act of 2011, § 20-27-
2501 et seq., and any other moneys received by the state as a gift or
donation to the fund to be used for the lead-based program as admin-
istered by the Department of Health as set out in the Arkansas
Lead-Based Paint-Hazard Act of 2011, § 20-27-2501 et seq.
History. Acts 1999, No. 1463, § 21; "(b) For the purposes of this act, the
2011, No. 1011, § 5. Department of Health shall be considered
A.C.R.C. Notes. Acts 2011, No. 1011, a principal department established by Act
§ 1, provided: "TRANSFER OF FUND. 38 of 1971."
"(a) The Lead-Based Paint-Hazard The 2011 amendment by Act 1011 added
Fund established by Act 309 of 1997, con- language to subsection (b) without under-
cerning its powers, duties, functions, as- lining the i angua g e to indicate that it was
sets, records, properties, funds, and ap- new
propriations are transferred by a /type 2 Amendments. The 2011 amendment
transfer as provided in § 25-2-105 from , /v x
the Arkansas Department of Environmen-
tal Quality to the Department of Health.
Ill REVENUE STABILIZATION LAW 19-5-1085
19-5-1043. Drug Abuse Prevention and Treatment Fund.
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Drug Abuse Prevention and Treatment Fund".
(b) The Drug Abuse Prevention and Treatment Fund shall consist of:
(1) Those moneys transferred or deposited from the State Adminis-
tration of Justice Fund;
(2) Such general revenue as transferred from the Behavioral Health
Services Fund Account;
(3) Federal reimbursement received on account of eligible expendi-
tures; and
(4) Other funds as may be provided by law.
History. Acts 1991, No. 1135, § 19; by identical acts Nos. 1095 and 1115 sub-
1997, No. 1248, § 21; 2005, No. 2115, stituted "Behavioral Health Services
§ 32; 2011, No. 1095, § 7; 2011, No. 1115, Fund Account" for "Mental Health Ser-
§ 7. vices Fund Account" in (b)(2).
Amendments. The 2011 amendment
19-5-1048. [Repealed.]
Publisher's Notes. This section, con- Acts 2009, No. 251, § 18. The section was
cerning the Quality Management State derived from Acts 1991, No. 1166, § 6.
Agency Training Fund, was repealed by
19-5-1072. [Repealed.]
Publisher's Notes. This section, con- by Acts 2009, No. 251, § 19. The section
cerning the Telecommunications and In- was derived from Acts 1995, No. 737,
formation Technology Fund, was repealed § 10.
19-5-1085. Judicial Fine Collection Enhancement Fund.
(a) There is hereby established on the books of the Treasurer of
State, the Auditor of State, and the Chief Fiscal Officer of the State a
fund to be known as the "Judicial Fine Collection Enhancement Fund".
(b) This fund shall consist of the time-payment fees established by
§ 16-13-704, electronic payment access fees established by § 16-92-
118, court technology fees established by § 21-6-416, federal court
certified question fees and fees for Court of Appeals or Supreme Court
decision petitions for rehearing established by § 21-6-401(a)(2) and (3),
respectively, and fees for electronic filing and public online access to
court decisions and other court records established by § 2 1-6-40 1(d),
there to be used by the Administrative Office of the Courts for the
purchase of computer hardware and software as set out in § 16-13-712.
History. Acts 1997, No. 1248, § 26; § 26; 2010, No. 262, § 9; 2010, No. 296,
2007, No. 1032, § 26; 2007, No. 1201, § 9.
19-5-1088 PUBLIC FINANCE 112
Amendments. The 2010 amendment fees...§ 21-6-401(a)(2) and (3), respec-
by identical acts Nos. 262 and 296, in (b), tively" and "filing and public online."
inserted "electronic payment access
19-5-1088. Bail Bondsman Board Fund.
A.C.R.C. Notes. Acts 2010, No. 76, § 4, fund balance to the General Revenue
provided: "FUND TRANSFER. The Pro- Fund Account in the State Treasury,
fessional Bail Bondsman Licensing Board, "The provisions of this section shall be
at the end of each fiscal year, shall trans- in effect only from July 1, 2010 through
fer all but twenty-five percent (25%) of its June 30, 2011."
19-5-1095. Military Support Revolving Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Military Support Revolving Fund".
(b)(1) The Military Support Revolving Fund shall consist of:
(A) All funds provided by law for the Military Support Revolving
Fund; and
(B) All moneys received by the State Military Department from
the United States Army, the United States Air Force, the United
States Navy, foreign allied governments, and reserve forces of the
United States, allied nations, and other federal agencies.
(2) All reimbursements and payments to the Military Support Re-
volving Fund from any source shall be considered a refund to expendi-
tures.
(c) The Military Support Revolving Fund shall be used by the
department to pay reimbursements for periodic, short-term personnel
augmentation for National Guard members on state active duty for
costs incurred in training activities, which shall include without limi-
tation, goods, supplies, rations, fuel, operating expenses, and related
costs and expenses.
(d) As federal reimbursements replenish the Military Support Re-
volving Fund, the department is authorized to return funds, as neces-
sary, to the Special Military Fund.
History. Acts 1999, No. 959, § 3; 2009, in the introductory language of (b)(1), in
No. 251, § 20; 2010, No. 42, § 19. (b)(1)(A), (b)(2) and (c); substituted "the
Amendments. The 2009 amendment Military Support Revolving Fund" for
rewrote the section. "this fund" in (c); and added (d).
The 2010 amendment substituted "Mili-
tary Support Revolving Fund" for "fund"
Subchapter 11 — Trust Funds Continued
SECTION. SECTION.
19-5-1103. Property Tax Relief Trust 19-5-1124. [Repealed.]
Fund. 19-5-1125. Arkansas Capitol Grounds
19-5-1112. Establishment of Geographic Monument and Memorial
Information Systems Preservation Fund.
Fund. 19-5-1136. Animal Rescue and Shelter
113
REVENUE STABILIZATION LAW
19-5-1103
SECTION. SECTION.
Trust Fund. 19-5-1138. Lottery Commission Trust
19-5-1137. Arkansas Department of En- Fund.
vironmental Quality Fee 19-5-1139. Best Practices Fund.
Trust Fund.
Effective Dates. Acts 2009, No. 1300,
§ 6: Apr. 9, 2009. Emergency clause pro-
vided: "It is found and determined by the
General Assembly, that the Constitution
of the State of Arkansas prohibits the
appropriation of funds for more than a one
(1) year period; that the effectiveness of
this Act on the date of its passage and
approval is essential to the operation of
the agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the Regular Ses-
sion, the delay in the effective date of this
Act beyond the date of its passage and
approval could work irreparable harm
upon the proper administration and pro-
vision of essential governmental pro-
grams. Therefore, an emergency is hereby
declared to exist and this Act being neces-
sary for the immediate preservation of the
public peace, health and safety shall be in
full force and effect from and after the
date of its passage and approval. If the bill
is neither approved nor vetoed by the
Governor, it shall become effective on the
expiration of the period of time during
which the Governor may veto the bill. If
the bill is vetoed by the Governor and the
veto is overridden, it shall become effec-
tive on the date the last house overrides
the veto."
Acts 2009, Nos. 1440 and 1441, § 11:
July 1, 2009. Emergency clause provided:
"It is hereby found and determined by the
General Assembly of the State of Arkan-
sas that changes in the state's fiscal laws
must take effect at the beginning of the
fiscal year, that if the current legislative
session is extended such that the* 90 day
period is later than July 1, 2009 the
changes will not be timely. Therefore, an
emergency is declared to exist and this act
being immediately necessary for the pres-
ervation of the public peace, health, and
safety shall become effective on July 1,
2009."
Acts 2011, No. 860, § 3: May 1, 2011.
Emergency clause provided: "It is found
and determined by the General Assembly
of the State of Arkansas that the Arkansas
Capitol Grounds Monument and Memo-
rial Preservation Fund is unfunded; that
the monuments and memorial areas on
the State Capitol grounds often need
maintenance and repair; that clarification
is necessary so that the Secretary of State
can perform his duties; and that this act is
necessary to provide the necessary fund-
ing for the Arkansas Capitol Grounds
Monument and Memorial Preservation
Fund. Therefore, an emergency is de-
clared to exist and this act being neces-
sary for the preservation of the public
peace, health, and safety shall become
effective on May 1, 2011."
19-5-1103. Property Tax Relief Trust Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a special
revenue fund to be known as the "Property Tax Relief Trust Fund".
(b) The fund shall consist of such revenues as generated by §§ 26-
52-302(c), 26-52-317(c)(l)(B), 26-52-319(a)(3)(B), 26-53-107(c), 26-53-
145(c)(1)(B), 26-53-148(a)(3)(B), and 26-56-224(c)(2), and shall be used
for such purposes as set out in § 26-26-310.
19-5-1112 PUBLIC FINANCE 114
History. Acts 2001, No. 1646, § 10; by identical act Nos. 1440 and 1441 in-
2007, No. 110, § 7; 2009, No. 1440, § 3; serted "26-52-319(a)(3)(B)" and "26-53-
2009, No. 1441, § 3. 148(a)(3)(B), and 26-56-224(c)(2)" in (b),
Amendments. The 2009 amendment and made related changes.
19-5-1112. Establishment of Geographic Information Systems
Fund.
(a)(1) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a trust fund
to be known as the "Geographic Information Systems Fund".
(2) The fund shall consist of:
(A) Funds approved by the General Assembly;
(B) Grants, gifts, and donations received by the State of Arkansas
for the purposes of this section;
(C) Agency investments toward enterprise geographic information
systems projects;
(D) Federal funds; and
(E) Any other funds allowable by law.
(3) This fund shall be used to:
(A) Carry out the duties, responsibilities, and authority of the
Arkansas Geographic Information Systems Board as described by
§ 15-21-504;
(B) Create, operate, and maintain GeoStor, the Arkansas Spatial
Data Infrastructure; and
(C) Create, update, maintain, and disseminate framework spatial
data as denned by § 15-21-502.
(b)(1)(A) The State Geographic Information Officer shall manage the
fund, and the Governor shall oversee the expenditures from the fund.
(B) The board shall establish standards and methodologies for
evaluating the funding of enterprise-level geographic information
systems projects.
(2)(A) The State Geographic Information Officer, with advice from
the board, shall evaluate, prioritize, and approve proposals for
geographic information systems projects.
(B) The proposals and requests for funding shall demonstrate any
or all of the following:
(i) Improvement in the quality of life for Arkansans;
(ii) Elimination of redundant systems;
(hi) Improved service for Arkansas citizens;
(iv) Enhanced economic development opportunities in Arkansas;
(v) Implementation of electronic government twenty-four (24)
hours a day, seven (7) days a week;
(vi) Substantial benefit to more than one (1) agency through lower
operating costs; and
(vii) Continued development of the Arkansas Spatial Data Infra-
structure.
History. Acts 2001, No. 1249 §§ 1, 2; Amendments. The 2009 amendment
2007, No. 751, § 8; 2009, No. 244, § 2. substituted "Geographic Information Sys-
115 REVENUE STABILIZATION LAW 19-5-1125
terns" for "State Land Information" in terns" in (b)(1)(A) and substituted "State
(a)(3)(A); in (b), substituted "State Geo- Geographic Information Officer" for "di-
graphic Information Officer" for "Director rector" in (b)(2)(A); and made minor sty-
of the Department of Information Sys- listic and punctuation changes.
19-5-1124. [Repealed.]
Publisher's Notes. This section, con- 1484, § 5. The section was derived from
cerning the Arkansas Delta Region Trust Acts 2003, No. 1473, § 35.
Fund, was repealed by Acts 2009, No.
19-5-1125. Arkansas Capitol Grounds Monument and Memorial
Preservation Fund.
(a) As used in this section:
(1) "Memorial area" means the designated area of the State Capitol
grounds for use in remembrance and honoring a person or group of
persons; and
(2) "Monument" means a statue, display, or other artful fixture that
is constructed to be attached to a memorial area.
(b)(1) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Arkansas Capitol Grounds Monument and Memorial
Preservation Fund".
(2) The fund shall consist of funds made available from private
donations received by the Capitol Arts and Grounds Commission, fees
paid by sponsors of the monuments and memorial areas, and any
additional moneys appropriated to the fund by the General Assembly.
(c)(1)(A) Except as provided under subdivision (c)(1)(B) of this sec-
tion, following the enactment of an act authorizing the memorial area
or monument and before construction, improvement, or placement
begins, a group or organization that sponsors and pays the cost of the
construction, improvement, placement, or replacement of a memorial
area or monument on the State Capitol grounds shall pay to the
Secretary of State a fee for placement, improvements to, or replace-
ment of the monument or memorial area of:
(i) Ten percent (10%) of the cost of the monument; and
(ii) Ten percent (10%) of the construction cost of the memorial area.
(B) The Secretary of State may allow the beginning of construction
of a memorial area on State Capitol grounds if:
(i) A dedicated funding source has been established for the purpose
of payment of the fees under this subsection; and
(ii) The organization demonstrates that substantial funds have
been raised to complete the project.
(2) The fee collected under subdivision (c)(1) of this section:
(A) Shall be deposited into the fund; and
(B) May be used for the maintenance of any monument or memo-
rial area on the State Capitol grounds.
(3) The amount of the fee may be reviewed by the commission as to
how the fee under subsection (c) of this section was calculated by the
Secretary of State.
19-5-1136 PUBLIC FINANCE 116
(d)(1) All moneys deposited into the fund and any accrued interest
shall remain in the fund to maintain, restore, and preserve all monu-
ments and memorial areas on the State Capitol grounds.
(2) The Secretary of State shall administer the fund.
(3) The accrued interest from the fund shall be appropriated to the
fund.
(e)(1) The commission may receive gifts, grants, and donations from
private or public sources for the fund.
(2) In addition to any other moneys appropriated or transferred by
the General Assembly, the gifts, grants, and donations shall be trans-
mitted to the Treasurer of State, who shall credit the amount to the
fund.
History. Acts 2003 (1st Ex. Sess.), No. Amendments. The 2011 amendment
55, § 18; 2005, No. 1962, § 83; 2011, No. rewrote the section.
860, § 1.
19-5-1136. Animal Rescue and Shelter Trust Fund.
(a) As used in this section, "registered governmentally owned animal
rescue shelter" means an animal rescue or shelter owned by a county or
municipality that has submitted notice to the Department of Finance
and Administration as required under subsection (f) of this section and
is on the official list of registered governmentally owned animal rescue
shelters prepared by the Director of the Department of Finance and
Administration under subsection (f) of this section.
(b) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a trust fund
to be known as the "Animal Rescue and Shelter Trust Fund".
(c) The fund shall consist of those special revenues as specified in
§ 27-24- 1409(c)(1)(B) and any other revenues as may be authorized by
law.
(d) The fund shall be distributed as follows:
(1) Thirty-five percent (35%) is distributed to and used by the
counties as follows:
(A) Each county that has at least one (1) registered governmen-
tally owned animal rescue shelter shall receive a proportional distri-
bution based on the county's population as determined by the most
recent federal decennial census;
(B) Funding received by a county under this subdivision (d)(1)
shall be used exclusively for the construction, maintenance, or
operation of registered governmentally owned animal rescue shel-
ters; and
(C) A county may contract with or provide grants to a private
nonprofit organization for the operation of the registered governmen-
tally owned animal rescue shelter;
(2) Thirty-five percent (35%) is distributed to and used by munici-
palities as follows:
(A) Each municipality that has at least one (1) registered govern-
mentally owned animal rescue shelter shall receive a proportional
117 REVENUE STABILIZATION LAW 19-5-1136
distribution based on the municipality's population as determined by
the most recent federal decennial census;
(B) Funding received by a municipality under this subdivision
(d)(2) shall be used exclusively for the construction, maintenance, or
operation of registered governmentally owned animal rescue shel-
ters; and
(C) A municipality may contract with or provide grants to a private
nonprofit organization for the operation of the registered governmen-
tally owned animal rescue shelter; and
(3)(A) Thirty percent (30%) is distributed to the Department of Rural
Services to provide grants to a county or municipality based only on
the infrastructure needs for animal rescues or animal shelters.
(B) Moneys distributed under this section shall not be limited to
registered governmentally owned animal rescue shelters but shall be
used exclusively for infrastructure needs for animal rescues or
animal shelters.
(e) Any funds received by a county or municipality under subsection
(d) of this section that are not used within one (1) year from the date of
receipt by the county or municipality must be returned to the fund.
(f)(1)(A) On or before October 1, 2009, a county or municipality that
owns one (1) or more animal rescues or animal shelters on the date
that notification is mailed shall notify the director in writing to
qualify for funding under this section.
(B) The notification under subdivision (f)(1)(A) of this section shall
include the physical address and telephone number of each animal
rescue or animal shelter that the county or municipality owns.
(2)(A) On or before October 15, 2009, the director shall provide the
Treasurer of State with a list of each county and municipality that
has registered as owning an animal rescue shelter.
(B) The list submitted by the Department of Finance and Admin-
istration shall be known as the official list of registered governmen-
tally owned animal rescue shelters that are eligible to receive funding
under subdivisions (d)(1) and (2) of this section.
(C) The list submitted by the Department of Finance and Admin-
istration shall include the physical address, telephone number, and
the municipality, if applicable, and county in which the registered
governmentally owned animal rescue shelter is located.
(3)(A) A county or municipality that begins to own or operate an
animal rescue or animal shelter after October 1, 2009, may notify the
Department of Finance and Administration in the same manner as
provided under subdivision (f)(1) of this section and shall begin to
receive funds under subdivisions (d)(1) and (2) of this section on the
first distribution by the Treasurer of State following sixty (60) days
after written notice to the Department of Finance and Administration
was received.
(B) As soon as practicable to ensure that a county or municipality
that begins to own or operate a registered governmentally owned
animal rescue shelter after October 1, 2009, the Department of
19-5-1137 PUBLIC FINANCE 118
Finance and Administration shall revise the official list of registered
governmentally owned animal rescue shelters to include the addition
of the most recent registered governmentally owned animal rescue
shelters and provide the list to the Treasurer of State.
History. Acts 2009, No. 692, § 1.
19-5-1137. Arkansas Department of Environmental Quality Fee
Trust Fund.
The Arkansas Department of Environmental Quality Fee Trust Fund
shall consist of those special revenues as specified in § 19-6-301(104),
there to be used to defray the costs of operating the Arkansas Depart-
ment of Environmental Quality as set out in §§ 8-1-101 — 8-1-107.
History. Acts 2009, No. 1440, § 4;
2009, No. 1441, § 4.
19-5-1138. Lottery Commission Trust Fund.
(a) There is hereby created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a trust fund
to be known as the "Lottery Commission Trust Fund".
(b) The Lottery Commission Trust Fund shall consist of funds
transferred from the Budget Stabilization Trust Fund.
(c) The Lottery Commission Trust Fund shall also consist of other
moneys as may be authorized by law.
(d) The Lottery Commission Trust Fund shall be used for personal
services and operating expenses associated with the Arkansas Lottery
Commission.
History. Acts 2009, No. 1300, § 2.
19-5-1139. Best Practices Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a trust fund
to be known as the "Best Practices Fund".
(b) The Best Practices Fund may consist of the proceeds from the
payment of parole or probation supervision fees under § 16-93-104(a).
(c)(1) Expenditures from the Best Practices Fund shall be used to
establish and maintain programs and services that implement prac-
tices that are proven to reduce the risk of having repeat offenders or
recidivism, including programs that address treatment needs of offend-
ers.
(2) Programs funded by the Best Practices Fund, whether provided
by the Department of Correction, another state agency, or contracted
with a private vendor, shall meet criteria promulgated in Department
of Correction rules that establish evidence-based practices.
(3)(A) The funds deposited into the Best Practices Fund supplement
and do not replace the state and local resources that are currently
119
REVENUE STABILIZATION LAW
19-5-1139
directed toward offender rehabilitation programs through the De-
partment of Community Correction, the Department of Human
Services, or any other state agency.
(B) Any expenditure from the General Revenue Fund Account of
the State Apportionment Fund or the Community Correction Revolv-
ing Fund shall not be reduced based on the availability of funds in the
Best Practices Fund.
History. Acts 2011, No. 570, § 124.
A.C.R.C. Notes. Acts 2011, No. 570,
§ 1, provided: "Legislative intent. The in-
tent of this act is to implement compre-
hensive measures designed to reduce re-
cidivism, hold offenders accountable, and
contain correction costs."
Subchapter 12 — Miscellaneous Funds Continued
SECTION.
19-5-1203.
19-5-1206.
19-5-1211.
19-5-1214.
19-5-1222.
19-5-1225.
19-5-1227.
19-5-1235.
19-5-1236.
19-5-1237.
19-5-1238.
19-5-1239.
[Repealed.!
Arkansas Building Authority
Real Estate Fund.
Department of Labor Special
Fund.
[Repealed.]
[Repealed.]
Judicial Filing Fee Fund.
Educational Adequacy Fund.
Creation of Science, Technol-
ogy, Engineering, and
Math Fund.
Technology Acceleration
Fund.
Innovate Arkansas Fund.
Sustainable Building Design
Revolving Loan Fund.
Newborn Umbilical Cord
Blood Initiative Fund.
SECTION.
19-5-1240. Minority Business Loan Mobi-
lization Revolving Fund.
19-5-1241. Trial Court Administrative
Assistant Fund.
19-5-1242. Fire Protection Licensing
Fund.
19-5-1243. Arkansas Acceleration Fund.
19-5-1244. Health Information Technol-
ogy Fund.
19-5-1245. Arkansas Great Places Pro-
gram Fund.
19-5-1246. County Juror Reimbursement
Fund.
19-5-1247. County Voting System Grant
Fund. [Effective January
1, 2012.]
19-5-1248. Electrical Energy Advance-
ment Program Fund.
A.C.R.C. Notes. Acts 2011, No. 922,
§ 6, provided: "POSITIONS.
"(a) Nothing in this act shall be con-
strued as a commitment of the State of
Arkansas or any of its agencies or institu-
tions to continue funding any position
paid from the proceeds of the Tobacco
Settlement in the event that Tobacco
Settlement funds are not sufficient to fi-
nance the position.
"(b) State funds will not be used to
replace Tobacco Settlement funds when
such funds expire, unless appropriated by
the General Assembly and authorized by
the Governor.
"(c) A disclosure of the language con-
tained in (a) and (b) of this Section shall
be made available to all new hire and
current positions paid from the proceeds
of the Tobacco Settlement by the Minority
Health Commission.
"(d) Whenever applicable the informa-
tion contained in (a) and (b) of this Section
shall be included in the employee hand-
book and/or Professional Services Con-
tract paid from the proceeds of the To-
bacco Settlement.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Acts 2011, No. 950, § 6, provided: "PO-
SITIONS.
"(a) Nothing in this act shall be con-
strued as a commitment of the State of
Arkansas or any of its agencies or institu-
tions to continue funding any position
PUBLIC FINANCE
120
paid from the proceeds of the Tobacco
Settlement in the event that Tobacco
Settlement funds are not sufficient to fi-
nance the position.
"(b) State funds will not be used to
replace Tobacco Settlement funds when
such funds expire, unless appropriated by
the General Assembly and authorized by
the Governor.
"(c) A disclosure of the language con-
tained in (a) and (b) of this Section shall
be made available to all new hire and
current positions paid from the proceeds
of the Tobacco Settlement by the Tobacco
Settlement Commission.
"(d) Whenever applicable the informa-
tion contained in (a) and (b) of this section
shall be included in the employee hand-
book and/or Professional Services Con-
tract paid from the proceeds of the To-
bacco Settlement.
"The provisions of this section shall be
in effect only from July 1, 2011 through
June 30, 2012."
Effective Dates. Acts 2009, No. 9,
§ 11: Feb. 3, 2009. Emergency clause pro-
vided: "It is found and determined by the
General Assembly of the State of Arkan-
sas that the state has a severe shortage of
nurses and nurse educators, that for fi-
nancial and other reasons the state often
has difficulty retaining state-educated
nurses and nurse educators after gradua-
tion for the state's workforce, and that
this act is immediately necessary to pro-
vide financial incentives to increase the
number of nurses and nurse educators in
the state for the protection of the public
health, safety, and welfare. Therefore, an
emergency is declared to exist and this act
being immediately necessary for the pres-
ervation of the public peace, health, and
safety shall become effective on:
"(1) The date of its approval by the
Governor;
"(2) If the bill is neither approved nor
vetoed by the Governor, the expiration of
the period of time during which the Gov-
ernor may veto the bill; or
"(3) If the bill is vetoed by the Governor
and the veto is overridden, the date the
last house overrides the veto."
Acts 2009, No. 754, § 12: July 1, 2009.
Emergency clause provided: "It is found
and determined by the General Assembly,
that the Constitution of the State of Ar-
kansas prohibits the appropriation of
funds for more than a one (1) year period;
that the effectiveness of this Act on July 1,
2009 is essential to the operation of the
agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the Regular Ses-
sion, the delay in the effective date of this
Act beyond July 1, 2009 could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
mental programs. Therefore, an
emergency is hereby declared to exist and
this Act being necessary for the immediate
preservation of the public peace, health
and safety shall be in full force and effect
from and after July 1, 2009."
Acts 2009, No. 777, § 6: July 1, 2009.
Emergency clause provided: "It is found
and determined by the General Assembly,
that the Constitution of the State of Ar-
kansas prohibits the appropriation of
funds for more than a one (1) year period;
that the effectiveness of this Act on July 1,
2009 is essential to the operation of the
agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the Regular Ses-
sion, the delay in the effective date of this
Act beyond July 1, 2009 could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
mental programs. Therefore, an
emergency is hereby declared to exist and
this Act being necessary for the immediate
preservation of the public peace, health
and safety shall be in full force and effect
from and after July 1, 2009."
Acts 2009, No. 806, § 6: July 1, 2009.
Emergency clause provided: "It is found
and determined by the General Assembly,
that the Constitution of the State of Ar-
kansas prohibits the appropriation of
funds for more than a one (1) year period;
that the effectiveness of this Act on July 1,
2009 is essential to the operation of the
agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the Regular Ses-
sion, the delay in the effective date of this
Act beyond July 1, 2009 could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
mental programs. Therefore, an
emergency is hereby declared to exist and
this Act being necessary for the immediate
preservation of the public peace, health
and safety shall be in full force and effect
from and after July 1, 2009."
121
REVENUE STABILIZATION LAW
Acts 2009, No. 1328, § 8: July 1, 2009.
Emergency clause provided: "It is found
and determined by the General Assembly,
that the Constitution of the State of Ar-
kansas prohibits the appropriation of
funds for more than a one (1) year period;
that the effectiveness of this Act on July 1,
2009 is essential to the operation of the
agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the Regular Ses-
sion, the delay in the effective date of this
Act beyond July 1, 2009 could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
mental programs. Therefore, an
emergency is hereby declared to exist and
this Act being necessary for the immediate
preservation of the public peace, health
and safety shall be in full force and effect
from and after July 1, 2009."
Acts 2009, No. 1428, § 17: July 1, 2009.
Emergency clause provided: "It is found
and determined by the General Assembly,
that the Constitution of the State of Ar-
kansas prohibits the appropriation of
funds for more than a one (1) year period;
that the effectiveness of this Act on July 1,
2009 is essential to the operation of the
agency for which the appropriations in
this Act are provided, and that in the
event of an extension of the Regular Ses-
sion, the delay in the effective date of this
Act beyond July 1, 2009 could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
mental programs. Therefore, an
emergency is hereby declared to exist and
this Act being necessary for the immediate
preservation of the public peace, health
and safety shall be in full force and effect
from and after July 1, 2009."
Acts 2009, Nos. 1440 and 1441, § 11:
July 1, 2009. Emergency clause provided:
"It is hereby found and determined by the
General Assembly of the State of Arkan-
sas that changes in the state's fiscal laws
must take effect at the beginning of the
fiscal year, that if the current legislative
session is extended such that the 90 day
period is later than July 1, 2009 the
changes will not be timely. Therefore, an
emergency is declared to exist and this act
being immediately necessary for the pres-
ervation of the public peace, health, and
safety shall become effective on July 1,
2009."
Acts 2010, No. 262, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2010, No. 296, § 17: July 1, 2010.
Emergency clause provided: "It is hereby
found and determined by the General As-
sembly of the State of Arkansas that
changes in the state's fiscal laws must
take effect at the beginning of the fiscal
year, that the effectiveness of this act on
July 1, 2010, with the exception that Sec-
tion 15 in this Act shall be in full force and
effect from and after the date of its pas-
sage and approval, is essential to the
operation of the agencies for which alloca-
tions in this act are provided, and the
delay in the effective date of this act
beyond July 1, 2010, with the exception
that Section 15 in this Act shall be in full
force and effect from and after the date of
its passage and approval, could work ir-
reparable harm upon the proper adminis-
tration and provision of essential govern-
ment programs. Therefore, an emergency
is declared to exist and this act being
necessary for the preservation of the pub-
lic peace, health, and safety shall become
effective on July 1, 2010, with the excep-
tion that Section 15 in this Act shall be in
full force and effect from and after the
date of its passage and approval."
Acts 2011, No. 923, § 38: July 1, 2011.
Emergency clause provided: "It is found
19-5-1203 PUBLIC FINANCE 122
and determined by the General Assembly 2011 could work irreparable harm upon
of the State of Arkansas that the Consti- the proper administration and provision
tution of the State of Arkansas prohibits of essential governmental programs,
the appropriation of funds for more than a Therefore, an emergency is hereby de-
one (1) year period; that the effectiveness clared to exist and this Act being neces-
of this Act on July 1, 2011 is essential to sary for the immediate preservation of the
the operation of the agency for which the public peace, health and safety shall be in
appropriations in this Act are provided, full force and effect from and after July 1,
and that in the event of an extension of 2011."
the legislative session, the delay in the Acts 2011, No. 1189, § 4: effective on
effective date of this Act beyond July 1, and after Jan. 1, 2012.
19-5-1203. [Repealed.]
Publisher's Notes. This section, con- and Acts 2010, No. 296, § 10, effective
cerning the establishment of the Motor- July 1, 2010. The section was derived from
coach Carrier Incentive Program Fund, Acts 1999, No. 1463, § 27.
was repealed by Acts 2010, No. 262, § 10,
19-5-1206. Arkansas Building Authority Real Estate Fund.
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Arkansas Building Authority Real Estate Fund".
(b)(1) This fund shall consist of funds transferred to it from the
General Improvement Fund or other funds, gifts, bequests, foundation
grants and gifts, Governor's or other emergency funds, federal grants
and matching funds, short-term loans and advances, proceeds from
bond issues, leases, service charges or fees, interagency transfers of
funds, partnerships and debentures, and other funds as may be
appropriated by the General Assembly
(2) The fund shall be used to acquire either by deed or by lease, to
own or operate, to maintain, to repair, to renovate, to develop, or to
construct real properties, including any necessary demolition and site
improvements, for use by state agencies, as defined in § 22-2-102, for
capital improvement needs under the jurisdiction of the Arkansas
Building Authority
History. Acts 1999, No. 1463, § 27; Amendments. The 2009 amendment
2001, No. 307, § 1; 2009, No. 251, § 21. made stylistic changes.
19-5-1211. Department of Labor Special Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a special fund
to be known as the "Department of Labor Special Fund".
(b) This fund shall consist of:
(1) Those special revenues set out in § 19-6-301(25), (36), (72), (112),
(158), and (180); and
123 REVENUE STABILIZATION LAW 19-5-1227
(2) The fee, penalty, and assessment income and all other income, the
disposition of which is not otherwise provided by law, of the Department
of Labor.
(c) The Department of Labor Special Fund shall be used for the
maintenance, operation, and improvements required by the depart-
ment in carrying out the special revenue programs enumerated in
subsection (b) of this section, and to defray the costs of the mainte-
nance, operation, and improvements required by the department or the
Director of the Department of Labor in carrying out the functions,
powers, and duties imposed by law on the department or the director.
(d) The director, with the approval of the Chief Fiscal Officer of the
State, is authorized to transfer funds from the Department of Labor
Special Fund to the Department of Labor Fund Account.
History. Acts 2001, No. 577, § 1. ing set out to reflect a correction to a
Publisher's Notes. This section is be- reference in (c).
19-5-1214. [Repealed.]
Publisher's Notes. This section, con- § 22. The section was derived from Acts
cerning the Military Support Revolving 2001, No. 1646, § 17.
Fund, was repealed by Acts 2009, No. 251,
19-5-1222. [Repealed.]
Publisher's Notes. This section, con- 9, § 10. The section was derived from Acts
cerning the Nursing Student Loan Revolv- 2003 (1st Ex. Sess.), No. 55, § 22; 2005,
ing Fund, was repealed by Acts 2009, No. No. 1962, § 84.
19-5-1225. Judicial Filing Fee Fund.
Cross References. Filing as a candi-
date — Judicial Filing Fee Fund., § 7-10-
103.
19-5-1227. Educational Adequacy Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Educational Adequacy Fund".
(b) After the Treasurer of State has made deductions from the
revenues under § 19-5-203(b)(2)(A), the Educational Adequacy Fund
shall consist of:
(1) All net revenues collected due to enactments of the Eighty-Fourth
General Assembly meeting in Second Extraordinary Session, unless a
different distribution of those additional net revenues is otherwise
provided in the act creating those additional net revenues;
(2) The revenues credited to the Educational Adequacy Fund under
§ 26-54-113(b)(2);
19-5-1235 PUBLIC FINANCE 124
(3) The revenues generated by §§ 26-52-302(d), 26-52-316, 26-52-
317(c)(1)(C), 26-52-319(a)(3)(C), 26-53-107(d), 26-53-145(c)(l)(C), 26-53-
148(a)(3)(C), 26-56-224(c)(3), and 26-57-1002(d)(l)(A)(ii); and
(4) Other revenues as provided by law.
(c)(1) The Chief Fiscal Officer of the State will determine, from time
to time, the amount of funds required from the Educational Adequacy
Fund which, when added to other resources available to the Depart-
ment of Education Public School Fund Account of the Public School
Fund and the Department of Education Fund Account of the Education
Fund, is needed to fulfill the financial obligation of the state to provide
an adequate educational system as authorized by law and shall certify
the amounts to the Treasurer of State.
(2) At the end of each month, the Treasurer of State shall transfer all
moneys available from the Educational Adequacy Fund to the Depart-
ment of Education Public School Fund Account of the Public School
Fund and to the Department of Education Fund Account of the
Education Fund until the sum of all transfers from the Educational
Adequacy Fund equal the amounts determined in subdivision (c)(1) of
this section, there to be used as determined by law.
(d) In the event the Chief Fiscal Officer of the State determines that
the transfers from the Educational Adequacy Fund, when added to the
other resources available to the Department of Education Public School
Fund Account of the Public School Fund, are not sufficient to meet the
state's financial obligation to provide an adequate educational system
as authorized by law, the additional amount required shall be trans-
ferred from the other funds and fund accounts, except the Educational
Facilities Partnership Fund Account, within §§ 19-5-402(a) and 19-5-
404(a) [repealed] based upon the proportion that each of the remaining
fund and fund accounts, excluding the Educational Facilities Partner-
ship Fund Account, bears to the total of the remaining funds and fund
accounts in §§ 19-5-402(a) and 19-5-404(a) [repealed].
History. Acts 2003 (2nd Ex. Sess.), No. Amendments. The 2009 amendment
94, § 5; 2003 (2nd Ex. Sess.), No. 107, by identical Acts Nos. 1440 and 1441 in-
§ 11; 2003 (2nd Ex. Sess.), No. 108, § 1; serted "26-52-319(a)(3)(C)" and "26-53-
2005, No. 2131, § 35; 2006 (1st Ex. Sess.), 148(a)(3)(C), 26-56-224(c)(3)" in (b)(3), and
No. 20, § 10; 2007, No. 110, § 8; 2009, No. ma d e a related change.
1440, § 5; 2009, No. 1441, § 5.
19-5-1235. Creation of Science, Technology, Engineering, and
Math Fund.
Publisher's Notes. This Cross Refer- Cross References. Science, Technol-
ence note is being set out to correct an ogy, Engineering, and Math Fund, § 6-17-
omitted reference. 2701 et seq.
125 REVENUE STABILIZATION LAW 19-5-1237
19-5-1236. Technology Acceleration Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Technology Acceleration Fund".
(b)(1) The Technology Acceleration Fund shall consist of funds trans-
ferred to it from the General Improvement Fund or other funds, gifts,
bequests, foundation grants and gifts, Governor's or other emergency
funds, federal grants and matching funds, proceeds from bond issues,
service charges or fees, interagency transfers of funds, and other funds
as may be appropriated by the General Assembly
(2) The Technology Acceleration Fund shall consist of money trans-
ferred from the General Revenue Allotment Reserve Fund and any
other money provided by law.
(c) The Technology Acceleration Fund shall be used by the Arkansas
Economic Development Commission, the Arkansas Science and Tech-
nology Authority, and the Arkansas Development Finance Authority for
investment incentives to enhance the economy of the state through
technology development.
(d) Money from the Technology Acceleration Fund may be used in
conjunction with other incentives offered by the state to create, attract,
or retain business.
(e)(1) Any proposed use of the Technology Acceleration Fund by the
Arkansas Economic Development Commission, Arkansas Science and
Technology Authority, or Arkansas Development Finance Authority
shall first be approved by the Governor.
(2) The Arkansas Economic Development Commission, the Arkansas
Science and Technology Authority, and the Arkansas Development
Finance Authority shall make a joint recommendation to the Governor
for any proposed use of the Technology Acceleration Fund.
History. Acts 2009, No. 806, § 1; 2009,
No. 967, § 1.
19-5-1237. Innovate Arkansas Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "Innovate Arkansas Fund".
(b) The fund shall consist of funds as may be provided for by law.
(c) The fund shall be used by the Arkansas Economic Development
Commission for the sole support of a contract between the commission
and the entity selected to provide support and assistance for develop-
ment and growth of knowledge-based and technology-based companies
in the State of Arkansas.
History. Acts 2009, No. 1440, § 6;
2009, No. 1441, § 6.
19-5-1238 PUBLIC FINANCE 126
19-5-1238. Sustainable Building Design Revolving Loan Fund.
(a) There is hereby created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Sustainable Building Design Revolving
Loan Fund".
(b)(1) The fund shall consist of funds transferred to it from the
General Improvement Fund or other funds, gifts, bequests, foundation
grants and gifts, Governor's Emergency Fund or other emergency
funds, federal grants and matching funds, proceeds from bond issues,
service charges or fees, interagency transfers of funds, and other funds
as may be appropriated by the General Assembly.
(2) The fund shall consist of funds received from agencies, boards, or
commissions to repay loans for the Sustainable Building Design Pro-
gram, funds made available by the General Assembly from time to time,
and such revenues as may be authorized by law.
(c) The fund shall be used to provide loans to agencies for the
Sustainable Building Design Program as authorized by law and ap-
proved by the Chief Fiscal Officer of the State.
History. Acts 2009, No. 754, § 7.
19-5-1239. Newborn Umbilical Cord Blood Initiative Fund.
(a) There is hereby created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Newborn Umbilical Cord Blood
Initiative Fund".
(b) The fund shall consist of those funds provided by the income tax
check-off program pursuant to § 26-51-455, federal and private grants
and donations, and any other funds authorized by law.
(c) The fund shall be used for the purposes set forth in the Newborn
Umbilical Cord Blood Initiative Act, § 20-8-501 et seq.
History. Acts 2009, No. 777, § 2.
19-5-1240. Minority Business Loan Mobilization Revolving
Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Minority Business Loan Mobilization
Revolving Fund".
(b) The Minority Business Loan Mobilization Revolving Fund shall
consist of the unexpended fund balances remaining in the Small
Business Loan Fund Account of the 82nd Session General Improvement
Fund as of the close of business on June 30, 2009, and such other funds
as may be authorized by law.
127 REVENUE STABILIZATION LAW 19-5-1243
(c) All reimbursements, repayments of loans, and interest earned
and deposited into the Minority Business Loan Mobilization Revolving
Fund from any source shall be treated as a refund to expenditure.
(d) The Minority Business Loan Mobilization Revolving Fund shall
be used to promote the development of minority business enterprises in
the state, increase the ability of minority business enterprises to
compete for state contracts, and sustain the economic growth of
minority business enterprises in the state.
History. Acts 2009, No. 1428, § 14.
19-5-1241. Trial Court Administrative Assistant Fund.
(a) There is hereby created on the books of the Treasurer of State,
Auditor of State, and Chief Fiscal Officer of the State a miscellaneous
revenue fund to be known as the "Trial Court Administrative Assistant
Fund".
(b) The Trial Court Administrative Assistant Fund shall consist of
those moneys transferred from the State Administration of Justice
Fund and other moneys as authorized by law.
(c) The Trial Court Administrative Assistant Fund shall be used for
paying personal services, trial court assistant expenses, and trial court
staff substitutes.
History. Acts 2009, No. 1328, § 4.
19-5-1242. Fire Protection Licensing Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Fire Protection Licensing Fund".
(b) The fund shall consist of:
(1) All funds provided by law for the fund; and
(2) Examination and renewal fees charged pursuant to § 20-22-610.
(c) The fund shall be used for the maintenance, operation, and
improvement as required by the Arkansas Fire Protection Licensing
Board in carrying out the powers, functions, and duties as set out in
§ 20-22-601 et seq.
History. Acts 2010, No. 262, § 11;
2010, No. 296, § 11.
19-5-1243. Arkansas Acceleration Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Arkansas Acceleration Fund".
(b) The fund shall consist of:
(1) Funds provided by law; and
(2) Grants made by any person or federal government agency.
19-5-1244 PUBLIC FINANCE 128
(c) The fund shall be used by the Arkansas Science and Technology
Authority to provide support and assistance for the accelerated growth
of knowledge-based and high-technology jobs in the State of Arkansas
through focused funding of the state initiatives and programs as
denned under the Arkansas Acceleration Fund Act, § 15-3-501 et seq.
History. Acts 2011, No. 706, § 2.
19-5-1244. Health Information Technology Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Health Information Technology Fund".
(b)(1) All moneys collected under § 25-42-101 et seq. shall be depos-
ited into the State Treasury to the credit of the Health Information
Technology Fund as special revenues.
(2) The Health Information Technology Fund shall also consist of
funds transferred to it from the General Improvement Fund or other
funds, gifts, bequests, foundation grants and gifts, Governor's or other
emergency funds, federal grants and matching funds, proceeds from
bond issues, service charges or fees, interagency transfer of funds, and
other funds that may be appropriated by the General Assembly.
(c) The Health Information Technology Fund shall be used by the
Office of Health Information Technology for the operating expenses of
the Office of Health Information Technology and the State Health
Alliance for Records Exchange.
History. Acts 2011, No. 891, § 2.
19-5-1245. Arkansas Great Places Program Fund.
(a) The Department of Arkansas Heritage may establish in a bank
authorized to do business in this state and selected by the department
a revolving cash fund entitled "Arkansas Great Places Program Fund"
into which the department shall deposit all funds received as matching
funds from eligible organizations participating in the Arkansas Great
Places Program under § 15-11-801 et seq.
(b) The department may receive gifts, grants, bequests, devises, and
donations made to the department, amounts received as matching
funds from eligible organizations participating in the Arkansas Great
Places Program under § 15-11-801 et seq., and any other funds autho-
rized by law to be used in the furtherance of the purposes of the
Arkansas Great Places Program under § 15-11-801 et seq.
(c) In addition, the department may accept gifts, grants, or donations
from the federal government or agencies thereof, and private individu-
als, foundations, or concerns to be used for the purposes of the Arkansas
Great Places Program under § 15-11-801 et seq.
History. Acts 2011, No. 896, § 2.
129 REVENUE STABILIZATION LAW 19-5-1248
19-5-1246. County Juror Reimbursement Fund.
(a) There is hereby created on the books of the Treasurer of State,
Auditor of State, and Chief Fiscal Officer of the State a miscellaneous
revenue fund to be known as the "County Juror Reimbursement Fund".
(b) This fund shall consist of those moneys transferred from the
State Administration of Justice Fund and other moneys as authorized
by law.
(c) The fund shall be used for reimbursements to counties for a
portion of the cost of per diem compensation for jurors and prospective
jurors pursuant to § 16-34-106.
History. Acts 2011, No. 923, § 35.
19-5-1247. County Voting System Grant Fund. [Effective Janu-
ary 1, 2012.]
(a) There is established on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a fund to be
known as the "County Voting System Grant Fund".
(b) The Secretary of State shall periodically remit to the Treasurer of
State twelve dollars ($12.00) of each fee for filing and indexing the
initial financing statement and termination statements collected under
§ 4-9-525(a)(l), and the Treasurer of State shall deposit those funds
into the County Voting System Grant Fund.
(c) The County Voting System Grant Fund shall be used by the
Secretary of State to provide grants to counties to purchase voting
system equipment, programming, and maintenance.
(d) A county that receives a grant from the County Voting System
Grant Fund shall establish on the books of the county treasurer a fund
to be known as the "voting system grant fund" into which grants from
the Secretary of State shall be paid under this section.
History. Acts 2011, No. 1189, § 3.
Effective Dates. Acts 2011, No. 1189,
§ 4: effective on and after Jan. 1, 2012.
19-5-1248. Electrical Energy Advancement Program Fund.
(a) There is created on the books of the Treasurer of State, the
Auditor of State, and the Chief Fiscal Officer of the State a miscella-
neous fund to be known as the "Electrical Energy Advancement
Program Fund".
(b) The fund shall consist of:
(1) Funds provided by law;
(2) Grants made by any person or federal government agency; and
(3) Other funds that become available through energy programs.
(c) The fund shall be used by the Arkansas Statewide Energy
Consortium under the Electrical Energy Advancement Program, § 6-
61-1501 et seq., to provide opportunities for Arkansas citizens to
legitimately pursue high-technology and knowledge-based jobs in the
19-5-1248
PUBLIC FINANCE
130
electrical energy sector of Arkansas by providing a statewide, collabo-
rative educational system focused on this sector.
History. Acts 2011, No. 1232, § 3.
A.C.R.C. Notes. Acts 2011, No. 1232,
§ 1, provided: "(a) The purpose of this
subchapter is to provide state support for
the Electrical Energy Advancement Pro-
gram for institutions of higher education.
"(b) The General Assembly finds that the
Electrical Energy Advancement Program:
"(1) Is identified as a key competency
for Arkansas in the Battelle study com-
missioned by the Arkansas Research Alli-
ance;
"(2) Will focus on education, research,
and economic development in the electri-
cal energy sector to capitalize on one (1) of
Arkansas's core technology competencies;
"(3) Is vital to the economic develop-
ment of Arkansas; and
"(4) Is expected to be a source of tre-
mendous job growth within Arkansas over
the next decade."
Acts 2011, No. 1232, § 4, provided: "The
provisions of this act shall expire six (6)
years from the effective date of the act
unless extended by the General Assem-
bly."
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